Obama’s NLRB appointments ruled unconstitutional

According to the February Patriot Post, the U.S. Court of Appeals for the DC Circuit ruled that Barack Obama’s Jan. 4, 2012, “recess” appointments to the National Labor Relations Board (NLRB) were unconstitutional because the Senate was actually in session when those appointments took place. Therefore, the president did not secure the required advice and consent of that body.


Since the ruling leaves the NLRB without a quorum, it immediately vacates an NLRB decision against Noel Canning, the soda bottler and distributor who brought the lawsuit upon which the Appeals Court ruled. Some 200 other decisions the NLRB has made since the beginning of 2012 are also in danger of being tossed out.

The court also spoke about the behavior of the Obama administration for blatantly overstepping its constitutional boundaries. Chief Judge David Sentelle pointed out that the Constitution makes clear distinctions about what defines a recess and what defines a session:

“[T]he appointments structure would have been turned upside down if the president could make appointments any time the Senate so much as broke for lunch,” he wrote. Judge Sentelle argued that the president only has the power to make emergency appointments during clearly defined recesses, and they must be reviewed at the end of the current session.

The judge ruled the president can’t just postpone controversial or objectionable appointments until a recess and then push them through at his leisure.


The White House will surely appeal to the Supreme Court. For its part, the NLRB is acting as if it’s business as usual. “The Board has important work to do … [and] we will continue to perform our statutory duties and issue decisions.”

In other words, courts are only to be obeyed when their decision agrees with Obama’s agenda, as with Supreme Court Chief Justice Robert’s ruling that Obamacare was a “tax” and was, therefore, constitutional.

The current NLRB seems not to be worried that any decisions they make from this point on, could be overturned with an unfavorable ruling from the Supreme Court.

The Obama administration and the bureaucracy it has created don’t seem to care what is constitutional, what laws are broken, etc., as long as they achieve their agenda.