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Court to Obama Admin: Actually, Those Recess Appointments Were Unconstitutional

PaddyL Wrote: Jan 25, 2013 1:51 PM
Does this decision void or invalidate all actions of the NLRB during the period when the illegal appointees were necessary for a quorum?
Resist, We Much!!! Wrote: Jan 25, 2013 1:54 PM
It will if the Court follows the precedent set by the Supreme Court in New Process Steel v. NLRB, 130 S. Ct. 2635 (2010), which resulted in more than 600 NLRB decisions being invalidated because the Board operated without a quorum.

The DC Circuit Court of Appeals today unanimously slapped down the controversial “recess” appointments President Obama made to the National Labor Relations Board way back in early January of 2012, in what the Associated Press rightly calls an “embarrassing setback.” Indeed, if the Supreme Court upholds the decision, it very well may nullify everything the board has done since the appointments, as it won’t have actually had the quorum of three members required to issue regulations. Ouch.

The unanimous decision is an embarrassing setback for the president, who made the appointments after Senate Republicans spent months blocking...