This just in, courtesy of the Associated Press, (via the New York Times):
President Barack Obama violated the Constitution when he bypassed the Senate to fill vacancies on a labor-relations panel, a federal appeals court panel ruled Friday.
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said that Obama did not have the power to make three recess appointments last year to the National Labor Relations Board.
The unanimous decision is an embarrassing setback for the president, who made the appointments after Senate Republicans spent months blocking his choices for an agency they contended was biased in favor of unions.
The article goes on to note the decision also “throws into question Obama’s recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau. Cordray’s appointment, also made under the recess circumstance, has been challenged in a separate case.”
The Obama Administration is expected to appeal the ruling to the Supreme Court, the story notes, so stayed to tuned for more on this one.