National Labor Relations Board Asks Supreme Court to Uphold Obama’s Recess Appointments

In January a 3-judge panel of United States Court of Appeals for
the District of Columbia Circuit found President Barack Obama’s
three purported recess appointments to the National Labor Relations
Board
to be unconstitutional because they were not actually made when
the Senate was in recess. In response, the NLRB said it
“respectfully disagreed” with the D.C. Circuit’s ruling and would
continue to carry out business as usual because “the President’s
position in the matter will ultimately be upheld.”
Will it? We shall soon find out. Today the NLRB
announced that “in consultation with the Department of Justice,
[the Board] intends to file a petition for certiorari with the
United States Supreme Court for review of that decision.”
The Supreme Court is practically guaranteed to take the case. In
2004, the 11th Circuit upheld a similar exercise of the recess
appointment power by President George W. Bush. With the circuits
split on this major issue, the high court has little choice but to
wade in. So prepare for some major legal fireworks over Obama’s use
of executive power in the coming months.

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National Labor Relations Board Asks Supreme Court to Uphold Obama’s Recess Appointments

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