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January 25, 2013

Obama's Appointment To The NLRB Declared Unconstitutional

You can read the entire decision here. The decision was unanimous.

"[T]he President made his three appointments to the Board on January 4, 2012, after Congress began a new session on January 3 and while that new session continued," the court wrote in its decision. "Considering the text, history, and structure of the Constitution, these appointments were invalid from their inception."

Gabe's analysis:

Short version: individuals, companies, and (unlikely, but possible) unions who don't like any of the NLRB actions after the "recess" appointments can win lawsuits if the NLRB tries to enforce its decrees.

Also, Cordray is likely to face a similar challenge.

More analysis from the AP:

The Obama administration is expected to appeal the decision to the U.S. Supreme Court, but if it stands, it means hundreds of decisions issued by the board over more than a year are invalid. It also would leave the five-member labor board with just one validly appointed member, effectively shutting it down. The board is allowed to issue decisions only when it has at least three sitting members.


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posted by BenK at 11:36 AM

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