The National Labor Relations Board in March announced it will appeal a lower court’s ruling that President Obama exceeded his constitutional authority when he made three recess appointments to the board.
The problem, according to the U.S. Court of Appeals for the District of Columbia Circuit: The Senate wasn’t technically in recess when Obama named Sharon Block, Terence F. Flynn and Richard F. Griffin Jr. to the NLRB.
The Supreme Court will likely hear arguments this fall. If the High Court upholds the D.C. Circuit’s decision, hundreds of rulings in which Block, Flynn and Griffin participated would be thrown out.
Learn more about the case—Noel Canning v. NLRB—in "Appeals court rules Obama's NLRB appointments were illegal."