(Frank Hagler-policymic.com)The U.S. Court of Appeals for the D.C. Circuit ruled against President Obama and found that his recess appointments to the National Labor Relations Board were unconstitutional. The plethora of lawsuits that the decision may foster, the chaos in the legal and regulatory systems, and the conflict in the appeals court have this decision headed straight for the Supreme Court.
The ruling conflicts with those found by appeals courts in Atlanta and San Francisco and could setup a request to have the Supreme Court decide the issue. This was the first time a recess appointment had been challenged and overturned in court. The landmark ruling found that: a) there is only one recess session per year and b) the Senate was not in recess. The ruling could invalidate the three appointments made by Obama to the NLRB and could invalidate the decisions made by the board. According to legal specialists, the narrow ruling of the court could virtually eliminate the practice of presidents making recess appointments.
Could this be the beginning of the end of Presidential recess appointments? Do youthink that they are unconstitutional as well?