Purported recess appointments were invalid because Senate was not in recess
Washington, DC (May 16, 2013) – Today, the U.S. Court of Appeals for the Third Circuit struck down one of President Barack Obama's purported "recess appointments," dating back to March 27, 2010. Earlier this year, the U.S. Court of Appeals for the District of Columbia Circuit struck down two other Obama so-called "recess appointments" to the Board.
Mark Mix, President of the National Right to Work Foundation, issued the following statement in light of the court's decision:
"Today, another federal appeals court has invalidated one of President Barack Obama's so-called 'recess appointments' to the National Labor Relations Board. As National Right to Work Foundation attorneys have argued in several courts, the Obama 'recess appointments' have clearly violated the U.S. Constitution.
"As a result, the Board has lacked a quorum since at least August 2011, and under a U.S. Supreme Court precedent established in New Process Steel, L. P. v. NLRB (2010), the Board's biased and decidedly pro-Big Labor rulings since then are therefore invalidated. Over 1,500 NLRB decisions may be invalid as a result. This underscores the constitutional chaos this President has created by gaming the system for union bosses.
"Today's decision is a victory for independent-minded workers who have received unjust treatment at the hands of the pro-forced unionism NLRB over the last few years."
The NLRB "recess appointment" that has been invalidated by today's ruling is Craig Becker's (2010-2012). The "recess appointments" of Richard Griffin (2012-present) and Sharon Block (2012-present) were earlier held invalid by the D.C. Circuit.
For a breakdown of the number of cases that could be invalidated by the courts' rulings, click here.