Obama NLRB Appointments Unconstitutional

January 26th, 2013 by JBWK

In a surprisising opinion released Friday, the federal D.C. Circuit Court of Appeals ruled that three of President Obama’s appointments to the National Labor Relations Board violated the Constitution. The appeals court held that Obama made the recess appointments when Congress wasn’t actually in “recess.”

The ruling creates a potentially messy situation, effectively invalidating every decision the NLRB has reached since January 2012. It would also completely stop current NLRB business as it technically can’t act because it lacks three duly appointed members.

The government has vowed to appeal the case, which has far broader implications in recess appointments, to the U.S. Supreme Court.


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