A year ago Mark Levin encouraged anyone having to deal with the NLRB to sue them and challenge their authority in the courts because of Obama’s unconstitutional recess appointments. And apparently someone did and now the Federal Appeals court has rule the appointments were unconstitutional:
AP – President Barack Obama violated the Constitution when he bypassed the Senate to fill vacancies on a labor relations panel, a federal appeals court panel ruled Friday.
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said that Obama did not have the power to make three recess appointments last year to the National Labor Relations Board.
The unanimous decision is an embarrassing setback for the president, who made the appointments after Senate Republicans spent months blocking his choices for an agency they contended was biased in favor of unions.
The ruling also throws into question Obama’s recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau. Cordray’s appointment, also made under the recess circumstance, has been challenged in a separate case.
As I was going through the ruling I noticed that Landmark Legal was one of the litigants which means this is another victory for Levin and his team. I’m sure we’ll be hearing more about this later today. You can read the full ruling here (PDF).