Marathon Pundit: Nebraska senator expects Obama's NLRB "recess" appointments to be overturned

Coming this fall. Obama's next major defeat?

A Nebraska senator thinks so.

From the Nebraska Radio Network:

Sen. Mike Johanns expects the United States Supreme Court to rule President Barack Obama violated the Constitution when he by-passed the Senate and appointed three people to the National Labor Relations Board.

The president argued that the Senate was using a technicality to claim it was in session when he made three recess appointments to the NLRB.

"Well, that wasn't the case here, because Congress was conducting business," Johanns tells Nebraska Radio Network. “That was the shocking thing about the president's decision."

A three-judge panel of the federal appeals court in Washington ruled against President Obama. The judges questioned the constitutionality of several recess appointments used by presidents of both parties over the years. The judges agreed presidents can by-pass the normal Senate confirmation process during the recesses between formal sessions of Congress.