A federal appeals court Friday ruled that President Obama’s appointment of three people to the National Labor Relations Board last January was unconstitutional, determining that Obama had made “recess” appointments last January when the Senate was in fact not in recess.
The ruling by the U.S. Court of Appeals for the D.C. Circuit could have bearing on the appointment of Richard Cordray to lead the Consumer Financial Protection Bureau. Cordray was appointed at the same time, and a separate case challenging his appointment is also wending its way through the courts.
Obama appointed Cordray and the NLRB officials after the Senate did not act on their nominations. Ironically, Obama renominated Cordray Thursday for the position.
White House Press Secretary Jay Carney said the ruling would have no ripple effect and only apply to the case that was considered by the appeals court, suggesting that decisions made by the NLRB since the invalid appointments would stand and Cordray wouldn’t be affected.
He gave no hint what the administration’s next step would be.
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