01 | 25 | 2013 Posted By Steven Boutwell print this article

NLRB Recess Appointments Held Unconstitutional

By A. Edward Hardin, Jr. and Erin L. Kilgore

In a unanimous 3-0 decision, on January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit Court held that President Obama’s three recess appointments to the National Labor Relations Board exceeded his Constitutional authority.  

Articles on this decision can be found here, and here. 

The decision calls into question all of the Board’s rulings and orders issued following the recess appointments.  The Supreme Court may ultimately have the last say.  Stay tuned.