A key argument used by Senate Democrats defending the National Labor Relations Board during a hearing this morning was that while an Appeals Court had ruled in January that two of President Obama’s recess appointees to the board were unconstitutional, other courts had not. Therefore, the NLRB was right to ignore the ruling at least until the Supreme Court could decide the matter.

Well, that changed today, Politico reports:

A second appeals court has joined the D.C. Circuit in ruling that President Barack Obama’s recess appointments to the National Labor Relations Board were unconstitutional, concluding that some board actions taken in the wake of those appointments were also invalid.

The issue has far-reaching implications for both the NLRB and other boards, including Obama’s Consumer Financial Protection Bureau, which has been a frequent target of conservatives and whose director was a recess appointment.

The 2-1 decision Thursday from the U.S. Court of Appeals for the Third Circuit (posted here) found that the presidential recess appointment power is limited to breaks between sessions of Congress, not breaks within sessions or other adjournments during which the Senate might meet in pro forma sessions. The reasoning mirrors that in a ruling of the D.C. Circuit Court in January.

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Read more:http://washingtonexaminer.com/second-app...article/2529832

America was warned that Obama would seize extra-constitutional powers in his second term, because he had already done so in his first. America yawned.

Dang...it's going to take all kinds of court to keep him reined in. Apparently, Obama thinks none of the rules apply to him so he just "rules" as he sees fit and leaves it to others to clean up his mess. What a disaster he is!