Is Gov. Rick Scott abusing his executive powers?

Republicans have been quick to point out that President Obama’s recess appointments bypass the US Senate’s constitutional role of advice and consent. Courts have ruled against President Obama calling some appointments “unconstitutional“. But what happens when a Republican does the same thing?

Governor Rick Scott is coming under fire for recent “recess” appointments.

Scott recently made 42 appointments to boards and commissions throughout the state. Among them was Dr. John Armstrong, State Surgeon General and Secretary of the Florida Department of Health, who Scott reappointed for a term beginning May 16, 2013, and ending at the pleasure of the Governor. Health News Florida reports, “Dr. John Armstrong will continue to lead the Department of Health, thanks to a reappointment by Gov. Rick Scott. As the Associated Press reports, Florida Senators, particularly state Sen. Jack Latvala, R-Clearwater, wanted Armstrong out.”

Governor Scott can reappoint one time. If the Senate does not confirm them at the next session, they must vacate their positions.

Two other appointments have also drawn the ire of the Florida Senate. Katie Sanders from the Tampa Bay Times wrote, “Senators approved a slew of Gov. Rick Scott appointees on Thursday [May 2, 2013] and are slated to do more today. However, a few notable names will not make the cut. Unconfirmed appointments include state Surgeon General Dr. John Armstrong, Florida A&M trustee (and former Pinellas County school board member) Glenn Gilzean, and the entire Florida Polytechnic University Board of Trustees.”

Armstrong fell out of favor with senators when he failed to show up for a confirmation hearing, Latvala said. ‘There were some issues with some members of the Legislature and the way he interacted with them. It’s a little behavior management’,” Sanders reports.

Is there a double standard when it comes to recess appointments?