A three-judge panel of the U.S. Appeals Court in D.C. on Friday declared that President Obama’s attempted appointments in January 2012 of three people to National Labor Relations Board violated the Constitution’s rule that gives the Senate sole authority to declare when it is in session.(from dailycaller.com)
In January 2012, Obama said he could appoint the officials without getting Senate confirmation, because the Senate was in recess at the time. The Constitution allows the president to make short-term appointments when the Senate is out of session.
If the court’s decision stands — it is likely to be reviewed at some point by the U.S. Supreme Court — all of the board’s 2012 decisions will be vulnerable to lawsuits that argue the board’s decisions were based on votes by people who were never confirmed to the board.
More importantly, the court’s decision suggests that regulations issued in 2012 by the Consumer Finance Protection Board are also invalid. That’s because Obama also claimed in January 2012 to have appointed Richard Cordray to run the bureau.
Cordray’s appointment allowed the bureau — whose processes and decisions are largely immune from congressional or judicial oversight — to issue a series of regulations on the financial sector that subordinate their profit-seeking goals to the federal government’s political agenda.