By WFI Staff
With today’s developments, two federal appeals courts have found President Obama’s so-called recess appointments to be unconstitutional. In a blistering opinion, the U.S. Court of Appeals for the Third Circuit found that current NLRB nominees Richard Griffin and Sharon Block are indeed invalid.
Reports Tal Kopan in POLITICO:
The 2-1 decision Thursday from the U.S. Court of Appeals for the Third Circuit (posted here) found that the presidential recess appointment power is limited to breaks between sessions of Congress, not breaks within sessions or other adjournments during which the Senate might meet in pro forma sessions. The reasoning mirrors that in a ruling of the D.C. Circuit Court in January.
The opinion, written by Judge D. Brooks Smith, said the recess clause of the Constitution should be read not just to give the president executive power, but also to preserve the “advice and consent” role of the Senate.
This entry was posted in Big Labor Bosses, Congress, NLRB, Politics, Unions and tagged advice and consent, Barack Obama, Big Labor, checks and balances, Constitution, court of appeals, dc circuit, executive power, judge d brooks smith, Labor, labor unions, National Labor Relations Board, NLRB, Nominees, politico, President Obama, pro forma, recess clause, Richard Griffin, role of Senate, Senate, Sharon Block, Supreme Court, tal kopan, third circuit, Unions. Bookmark the permalink.