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Recess Appointments Ruled Unconstitutional By Federal Court


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President Obama filled three vacancies to the National Labor Relations Board ( NLRB ) on Jan. 4, 2012 through recess appointments. Noel Canning claimed a subsequent NLRB decision against his company was not valid because the board members were not properly appointed. The United States of Appeal, D.C. Circuit ruled today the recess appointments were unconstitutional.

U.S. Court of Appeals Document(12-1115-1417096)

Recess appointments have been done throughout our country's history. George Washington issued recess appointments. Judge William J. Brennan was appointed to the Supreme Court by President Dwight D. Eisenhower in 1956 through a recess appointment. William Jefferson Clinton made 139 recess appointments during his 8 years as President. George W. Bush made 171 recess appointments. By January 5, 2012, President Barack Obama had made 32 recess appointments.