A U.S. court of appeals voted 2-1 on Thursday to invalidate Obama’s appointments to the NLRB, which had been previously criticized as unconstitutional.
In January, a U.S. court ruled that his appointment of Richard Cordray to the CFPB was unconstitutional after he used the power of recess appointments to install Cordray. The court said in its decision that because the Senate was not in recess, Obama’s appointments were invalid.
“As the Court has re-affirmed today, the United States Senate has a vital, constitutional role to play in the presidential appointment process,” NRF Senior Vice President David French said. “That role should be respected. The ‘advice and consent’ provision is an important aspect of our constitutional system and helps assure high-quality presidential appointments and nominees, be it for the NLRB or any other federal agency, board or bureau. The business community and specifically the retail industry—the largest private sector employer—and our employees and associates deserve a National Labor Relations Board that is balanced, deliberative and serves as an objective arbitrator for both employers and employees.”