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| Obama recess appointments violated constitution, says court | Obama recess appointments violated constitution, says court |
| (about 1 month later) | |
| President Barack Obama violated the constitution when he bypassed the Senate to fill vacancies on a labor relations panel, a federal appeals court panel ruled Friday. | President Barack Obama violated the constitution when he bypassed the Senate to fill vacancies on a labor relations panel, a federal appeals court panel ruled Friday. |
| A three-judge panel of the US court of appeals for the DC circuit said Obama did not have the power to make three recess appointments to the National Labor Relations Board last year. The unanimous decision is an embarrassing setback for the president, who made the appointments after Senate Republicans spent months blocking his choices for an agency they said was biased in favor of unions. | A three-judge panel of the US court of appeals for the DC circuit said Obama did not have the power to make three recess appointments to the National Labor Relations Board last year. The unanimous decision is an embarrassing setback for the president, who made the appointments after Senate Republicans spent months blocking his choices for an agency they said was biased in favor of unions. |
| The ruling also throws into question Obama's recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau. Cordray's appointment, also made under the recess circumstance, has been challenged in a separate case. | The ruling also throws into question Obama's recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau. Cordray's appointment, also made under the recess circumstance, has been challenged in a separate case. |
| Obama claims he acted properly in the case of the NLRB appointments, because the Senate was away for the holidays on a 20-day recess. But the three-judge panel ruled that the Senate technically stayed in session when it was gaveled in and out every few days for so-called "pro forma" sessions. | Obama claims he acted properly in the case of the NLRB appointments, because the Senate was away for the holidays on a 20-day recess. But the three-judge panel ruled that the Senate technically stayed in session when it was gaveled in and out every few days for so-called "pro forma" sessions. |
| GOP lawmakers used the tactic – as Democrats have in the past – specifically to prevent the president from using his recess power. GOP lawmakers contend the labor board has been too pro-union in its decisions. They had also vigorously opposed the nomination of Cordray. | GOP lawmakers used the tactic – as Democrats have in the past – specifically to prevent the president from using his recess power. GOP lawmakers contend the labor board has been too pro-union in its decisions. They had also vigorously opposed the nomination of Cordray. |
| The Obama administration is expected to appeal the decision to the supreme court, but if it stands hundreds of decisions issued by the board over more than a year will be invalid. That would leave the five-member labor board with just one validly appointed member, effectively shutting it down. The board is allowed to issue decisions only when it has at least three sitting members. | The Obama administration is expected to appeal the decision to the supreme court, but if it stands hundreds of decisions issued by the board over more than a year will be invalid. That would leave the five-member labor board with just one validly appointed member, effectively shutting it down. The board is allowed to issue decisions only when it has at least three sitting members. |
| On 4 January 2012, Obama appointed deputy labor secretary Sharon Block, union lawyer Richard Griffin and NLRB counsel Terence Flynn to fill vacancies on the NLRB, giving it a full contingent for the first time in more than a year. Block and Griffin are Democrats; Flynn is a Republican. Flynn stepped down from the board last year. Obama appointed Cordray on the same day. | On 4 January 2012, Obama appointed deputy labor secretary Sharon Block, union lawyer Richard Griffin and NLRB counsel Terence Flynn to fill vacancies on the NLRB, giving it a full contingent for the first time in more than a year. Block and Griffin are Democrats; Flynn is a Republican. Flynn stepped down from the board last year. Obama appointed Cordray on the same day. |
| The court's decision is a victory for Republicans and business groups that have attacked the labor board for issuing a series of decisions and rules that make it easier for the nation's labor unions to organize new members. | The court's decision is a victory for Republicans and business groups that have attacked the labor board for issuing a series of decisions and rules that make it easier for the nation's labor unions to organize new members. |
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