A national labor board which has long been accused of making union-friendly decisions was dealt another blow Thursday, after a second federal appeals court found President Obama exceeded his power when he bypassed the Senate to appoint its members.
The ruling by the 3rd U.S. Circuit Court of Appeals in Philadelphia once again threatened to upend the National Labor Relations Board's decisions. And it has the potential to stall the board entirely, as well as challenge other federal agencies that have similar appointees.
For now, the Obama administration has tried to disregard the court decisions -- it has already appealed a similar ruling, from a Court of Appeals in Washington, D.C., to the Supreme Court.
[color=cyan]Both rulings have threatened to throw the labor board, the Consumer Financial Protection Board and other federal agencies with recess appointees into chaos. If they stand, hundreds of decisions by these agencies could be thrown out.
Obama has made 32 recess appointments during his presidency, nearly all of which would be considered invalid under the interpretation of these courts. The rulings could also threaten the recess appointments of previous presidents. President George W. Bush made 141 such appointments in eight years.