In response to a ruling today by a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit, White House spokesman Jay Carney called the decision “novel and unprecedented.” This could be one of many instances in which the co-equal branch of government, the judiciary, will attempt to check the powers that President Obama is attempting to exercise. And it could also be a test of how far Obama is prepared to go in terms of ignoring the courts and the Constitution to achieve his goals.
What the court said is that President Obama lacked the constitutional authority to make three recess appointments last January to the National Labor Relations Board. The issue was whether or not the Senate was in recess at the time. If it was in recess, then the President would have the authority to make the appointments. But instead, the Senate was in what is called pro forma session, meaning that someone would gavel the Senate in and out of session. It is largely a gimmick both parties have used over the years.
CNS News did a good job of explaining the issues involved:
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