Another federal appeals court has held that President Barack Obama’s recess appointments to the National Labor Relations Board were unconstitutional because the Senate was not in recess.
A divided panel of judges from the U.S. Court of Appeals for the Fourth Circuit on Wednesday followed the D.C. Circuit and the Third Circuit in Philadelphia in holding that NLRB recess appointments were improper because they were made during a break in the midst of a legislative session, rather than in-between sessions.
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