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 Supreme Court is likely to take this case, which, if it is not reversed, will invalidate all the decisions the NLRB has made going back more than a year and that going forward, there is no quorum for it to decide any cases.
Obama claims he acted properly in the case of the NLRB appointments because the Senate was away for the holidays on a 20-day recess. But the three-judge panel ruled that the Senate technically stayed in session when it was gaveled in and out every few days for so-called “pro forma” sessions.
GOP lawmakers used the tactic — as Democrats have in the past as well — to specifically to prevent the president from using his recess power....
January 25, 2013
"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."