Appeals Court rules Obama recess appointments unconstitutional

The U.S. Court of Appeals for the D.C. Circuit on Friday ruled that recess appointments made by President Obama to the National Labor Relations Board were unconstitutional.

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The court found that the Senate was not actually in recess when Obama appointed three members to the board.

"[T]he President made his three appointments to the Board on January 4, 2012, after Congress began a new session on January 3 and while that new session continued," the court wrote in its decision. "Considering the text, history, and structure of the Constitution, these appointments were invalid from their inception."

(PHOTOS: 18 defining Obama moments)

A White House official did not immediately respond to a message seeking comment.

It's unclear what effect the ruling might have on another appointment Obama made at the same time - that of Richard Cordray to lead the Consumer Financial Protection Bureau.

(VIDEO: Obama nominates Richard Cordray to lead CFPB)

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Donovan Slack

Buzz

@markknoller

1/25/13 5:20 PM EST

Wait'll the Courts rule on using Autopen to sign bills into law.

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