DC Circuit Court of Appeals Throws Out Recess Appointments to the NLRB

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In a stunning rebuke to President Obama, the District of Columbia Circuit Court of Appeals declared the President’s recess appointments to the National Labor Relations Board as unconstitutional. The ruling could have widespread implications on other recess appointments, including that of Richard Cordray to the Consumer Financial Protection Bureau, which is being challenged in a separate case. The case, issued today, is Noel Canning v. NLRB. The employer, Noel Canning, challenged an opinion by the NLRB and members who had been appointed by the President during what the President deemed a recess.

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