The nominees Barack Obama recess appointed to the National Labor Relations Board while the U.S. Senate was legally in session are invalid and unconstitutional, a federal appeals court has ruled unanimously.
Obama had been unable to get his radical nominees through Senate confirmation, as required by the Constitution. So he decided to “recess appoint” them while the Senate was still in session. Recess appointments are reserved only for when the Senate has, oddly enough, recessed.
What does this mean? The court ruled that subsequently a quorum had been absent since the unconstitutional appointments, and a board without a quorum can not issue rules. Any rules issued by the pro-union NLRB since the appointments would be invalid and vacated.