Obama's NLRB "recess" appointment case moves to Supreme Court

Those so-called "recess:" appointments made by Obama to the NLRB, which were ruled illegal by a lower court, is moving up the system.

From ABC News:

The Obama administration asked the Supreme Court today to reverse a lower court decision that held that the President violated the Constitution when he made recess appointments last year to the National Labor Relations Board, an independent agency that enforces employee and employer rights under the National Labor Relations Act. The NLRB consists of five members appointed by the President.

The Recess Appointments Clause of the Constitution permits the President to make temporary appointments, without Senate approval, during times when the Senate is not in session.

But in January, the U.S. Court of Appeals for the District of Columbia held that the President's appointment of three members to the NLRB was "an unconstitutional act" because it took place when the Senate was in an “intrasession” recess (a recess within a session of congress), rather than an "intersession" recess (occurring between sessions of Congress).

The court held that the President could only fill those vacancies that arose during the intercession recess in which the appointment was made.

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