(Reuters) – A federal appeals court ruled yesterday that President Barack Obama violated the U.S. Constitution when he used recess appointments to fill a labor board, in a sweeping decision that could limit presidential power to push through federal nominees.
The court found that the Senate was not truly in recess, for the purpose of a recess appointment, when Obama in January 2012 installed three nominees to the National Labor Relations Board.
The nominees were facing stiff Republican opposition, and the appointments caused an uproar at the time. Republicans argued that Obama undercut the Senate’s power to confirm nominees because although most of its members were out of town, the Senate had not formally adjourned.
