The Supreme Court ruled unanimously Monday that President Obama violated the constitution when he made recess appointments while the Senate was still in session.
The case centered on the tactics Obama used to fill three vacancies in the National Labor Relations Board, a federal labor arbiter. While the Senate was in pro forma session, the president filled the vacancies with two union lawyers and a Republican, giving Democrats a 3-2 majority on the board without the consent of the Senate.
Obama Solicitor General Donald Verrilli argued those pro forma sessions—during which a handful of senators enter into then exit session every few days—were not legitimate because no major action was taken.
Three federal appeals courts rejected that argument, saying that the president cannot tell the Senate when it is in session. The nation’s highest court upheld the lower courts.
Washington Free Beacon