On Friday morning, a three-judge panel of the D.C. Circuit Court of Appeals unanimously struck down President Obama’s alleged “recess” appointments to the National Labor Relations Board (NLRB). The appointments were made over a year ago, so the ruling invalidates a number of actions taken by the NLRB since then. The five-member NLRB cannot act on issues before it absent a quorum. And the participation of illegally appointed members does not a quorum make.
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