D.C. Circuit Unanimously Strikes Down NRLB Appointments

by Ammon Simon

A unanimous D.C. Circuit Court opinion today struck down President Obama’s three unilateral, non-recess appointments to the NRLB.   How Appealing has more

In today’s ruling, the three-judge panel first unanimously holds that, for purposes of the U.S. Constitution’s Recess Appointments clause, a “Recess” of the U.S. Senate “is limited to intersession recesses.” Second, Chief Judge Sentelle, joined by Judge Henderson, proceed to hold “that the President may only make recess appointments to fill vacancies that arise during the recess” in which the recess appointment is made. Thus, vacancies that existed before the recess began cannot be filled under the Recess Appointments clause, according to today’s ruling.

This is a big victory for those of us who support the rule of law.  The decision calls into serious question the President’s appointment of Richard Cordray to head the CFPB, whose appointment was in conjunction with the NRLB appointments.

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