BREAKING: Obama’s NLRB Recess Appointments Ruled Unconstitutional

The DC Circuit Court of Appeals issued a ruling earlier this morning that calls into question hundreds of National Labor Relations Board decisions issued in 2012. Douglas Hass of law firm Franczek Radelet explains:

“The U.S. Court of Appeals for the D.C. Circuit ruled this morning that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the National Labor Relations Board were unconstitutional because they did not occur during an intersession recess of the Senate. Without those three members, the court held that the Board did not have a quorum and could not act lawfully.”

Sound serious? It is. From FordHarrison:

“While the NLRB likely will appeal this decision, if it stands it could have a far-reaching impact, invalidating hundreds of Board decisions issued over the past year. The decision also casts questions on the President’s appointment of Richard Cordray to the Consumer Financial Bureau on January 4, 2012, which has been challenged in a separate proceeding.”

In plain English: every single NLRB decision since January 3, 2012 – and there have been hundreds – could be declared invalid if today’s ruling is not overturned.

Watch this space for commentary and analysis on the ruling as it comes in. In the meantime, here’s a copy of the ruling for your weekend reading:

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