The Supreme Court has unanimously decided that three Presidential appointments to the National Labor Relations Board were invalid – leaving hundreds of decisions hanging in doubt
Hundreds of case decisions made by the National Labor Relations Board were rendered invalid today after the Supreme Court ruled that the President’s “recess appointments” in January 2012 were invalid.
When The Senate was in “pro forma” on January 4 2012, President Obama filled three vacancies on the NLRB. However, the Constitution only allows the President to do so when the Senate is in actual recess, not merely pro forma recess. As such, all nine judges of the Supreme Court held that his appointments were invalid.
The practical impact is that hundreds of cases the NLRB decided after the invalid appointments were made have been cast in doubt. However, the extent to which the Supreme Court decision will retroactively affect these decisions is unclear.