In courts across the country, lawyers for business advocacy groups and companies are challenging the validity of the recess appointments President Barack Obama made nearly a year ago to the National Labor Relations Board and the Consumer Financial Protection Bureau.
Federal appellate courts soon will begin to assess the constitutionality of Obama’s picks, which included Richard Cordray to lead the consumer protection agency. Cases are pending in four circuit courts creating the potential for a divide and a trip to the U.S. Supreme Court.