Appeals court rules Obama’s NLRB recess appointments unconstitutional UPDATED

Court Rules President Obama’s NLRB ‘Recess’ Appointments Are Unconstitutional
Forty-two Senators Had Filed an Amicus Brief Challenging the President’s Action

The U.S. Circuit Court of Appeals for the D.C. Circuit today ruled that President Obama’s so-called “recess” appointments to the National Labor Relations Board (NLRB) last January are invalid.

The Amicus Brief was filed by Miguel Estrada, who, as you may recall, had been blocked by Senate Democrats when George W. Bush nominated him to the same United States Court of Appeals for the District of Columbia Circuit in 2001 because Latinos can be wise only if they are female liberals.

Cross-posted at Liberty Unyielding.


take a look at pages 17-18 inthe opinion  Not only did Obama unconstitutionally arrogate to himself the ability to determine when the Senate is in session, the court now holds that the appointment power exists only in the formal Recess between sessions…Not only that, but the court also ruled that the vacancies had to arise during The Recess as well (page 23)

Ed Driscoll:

Moe Lane of Red State adds, “the short version is that if this gets upheld by the Supremes (and the thinking is that the court is going to either uphold the smaller decision 7-2, or 9-0) then pretty much every favor Barack Obama’s done Big Labor lately ain’t worth diddly.”

Or as John Steele Gordon of Commentary writes, “Assuming this decision stands, all the decisions of the NLRB since January 4th, 2012, will be void. His appointment of Richard Cordray head to the new, and very powerful Consumer Financial Protection Bureau, made at the same time, and being challenged in a separate case, would also fall.”

Will that mean the end of the recess appointment altogether?

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One Response to “Appeals court rules Obama’s NLRB recess appointments unconstitutional UPDATED”

  1. Appeals court rules Obama’s NLRB recess appointments unconstitutional | Liberty Unyielding Says:

    […] at Fausta’s blog. Friday, January 25, 2013 at 2:52 […]