Last week, the D.C. Circuit issued a decision in which it found that President Obama’s recess appointments to the National Labor Relations Board (NLRB) last year are invalid. In light of the ruling, experts predicted that hundreds of NLRB decisions in the past year could be invalid. Now, a plaintiff has filed the first lawsuit challenging one of the board’s 2012 decisions.
On Jan. 25, a three-judge panel for the D.C. Circuit ruled that the president violated the Constitution when he bypassed the Senate to appoint Sharon Block, Richard Griffin and Terence Flynn to fill vacancies on the NLRB last year. Although the president says he acted properly because the Senate was on a 20-day recess, the court contended that the Senate was technically still in session.