News & Insights

Supreme Court Rules President Obama’s Recess Appointments Unconstitutional
June 26, 2014
by Robert Conte



The United States Supreme Court ruled today that the three recess appointments President Barack Obama  made to the National Labor Relations Board in January 2012 were unconstitutional. The Court stated: “Because the Senate was in session during its pro forma sessions, the President made the recess appointments at issue during a 3-day recess. Three days is too short of a time to bring a recess within the scope of the (Recess Appointments) Clause, so the President lacked the authority to make those appointments.”

This is a decision with broad ramifications that will force the NLRB to revisit numerous past rulings that involved the invalidly appointed board members.

As we have often stated: Stay Tuned!



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