President Barack Obama's recess appointments to the National Labor Relations Board last year were unconstitutional, the U.S. Court of Appeals for the D.C. Circuit has ruled:
Obama claims he acted properly because the Senate was away for the holidays. But the court says the Senate technically stayed in session when lawmakers gaveled in and out every few days for so-called "pro forma" sessions.
The recess appointments were necessary for the NLRB to function at all, since it cannot make decisions without a quorum. Obama is likely to appeal to the Supreme Court.
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