Obama Recess Appointments Unconstitutional, Court Says

WASHINGTON (January 25, 2013)--The U.S. Court of Appeals for the D.C. Circuit has ruled that President Barack Obama violated the Constitution when he bypassed the Senate to fill vacancies on the National Labor Relations Board.

The court said Mr. Obama did not have the power to make the recess appointments to the board last year.

Mr. Obama claims he acted properly because the Senate was away for the holidays, but the court said the Senate technically stayed in session when lawmakers gaveled in and out every few days for so-called "pro forma" sessions.

GOP lawmakers used the tactic specifically to prevent Mr. Obama from using his recess power to fill vacancies in an agency they claimed was too pro-union.

The Obama administration is expected to appeal the decision to the Supreme Court.

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