A federal appeals court in Washington on January 25 declared unconstitutional a series of recess appointments President Obama made to the National Labor Relations Board, setting up a potential government request that the U.S. Supreme Court weigh the scope of presidential appointment power.

The ruling in the U.S. Court of Appeals for the D.C. Circuit was a major blow to the U.S. Justice Department, which defended the appointments as a valid exercise of presidential authority.

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