UPDATE: NLRB responds by telling the court they will ignore their decision.
Mark Gaston Pearce, chairman of the National Labor Relations Board, issued the following statement in reaction to today’s DC Appeals Court decision that President Obama use of recess appointments to install three people on the NLRB last year was unconstitutional. The action renders the board without a quorum to act and potentially invalidates a year’s worth of actions and rulings by it. […]
Pearce, in short, is indicating that the NLRB’s strategy is to act as if the court’s ruling that the appointments were unconstitutional somehow only applies only to the particular case that went before the Appeals Court and hope that the White House can get the Supreme Court to quickly review the case. (link)
Finally, a court steps in to bring Dictator Obama back a notch or two. President Obama is by far the most overreaching chief executive we have ever encountered.
WASHINGTON DC – In an embarrassing setback for President Barack Obama, a federal appeals court ruled Friday that he violated the Constitution in making recess appointments last year, a decision that would severely curtail the president’s ability to bypass the Senate to fill administration vacancies.
The three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said Obama did not have the power to make three recess appointments to the National Labor Relations Board because the Senate was officially in session – and not in recess – at the time. If the decision stands, it could invalidate hundreds of board decisions made over the past year.
The court said the president could only fill vacancies with the recess appointment procedure if the openings arise when the Senate is in an official recess, which it defined as the once-a-year break between sessions of Congress.
The White House had no immediate comment but is expected to appeal the decision. The same issue is currently before several other federal appeals courts. (full story with White House response)