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The Third Circuit Court of Appeals has delivered another blow to President Barack Obama, who has had an incredibly rough week due to a series of very serious scandals, by finding a recess appointment to the National Labor Relations Board (NLRB) to be unconstitutional:
;The 3rd U.S. Circuit Court of Appeals on Thursday said an appointment President Barack Obama made to the National Labor Relations Board was invalid, becoming the second circuit to question the validity of the labor board’s decisions.
The 102-page opinion, in a case called National Labor Relations Board v. New Vista, focused on the appointment of Craig Becker, a former board member who was appointed by Obama during a two-week Senate break in March 2010. (Becker stepped down from the board in 2012.) These breaks are often referred to as “intrasession” breaks, as opposed to intersessions, when the Senate is between sessions.
“We hold that the ‘recess of the Senate’ means only intersession breaks, and so we conclude that Member Becker’s appointment was invalid,” Judge Brooks Smith of the 3rd Circuit wrote in a 2-1 decision that Judge Franklin Van Antwerpen joined and Judge Joseph Greenaway dissented from."