Appeals Court Rules Obama NLRB Recess Appointments Unconstitutional
The U.S. Court of Appeals, DC Circuit, says recess appointments President Obama made to the National Labor Relations Board are unconstitutional.
The court found that the Senate was not actually in recess when Obama appointed three members to the board.
“[T]he President made his three appointments to the Board on January 4, 2012, after Congress began a new session on January 3 and while that new session continued,” the court wrote in its decision. “Considering the text, history, and structure of the Constitution, these appointments were invalid from their inception.”