Two weeks ago, the U.S. Court of Appeals for the District of Columbia ruled in Noel Canning v. National Labor Relations Board (NLRB). The courts ruling found that President Obama’s use of recess appointments to fill three vacancies on the National Labor Relations Board (NLRB) was unconstitutional.
Now that the 2012 “recess” appointments made by the president have been ruled upon, the NLRB rulings since that time are now all called into question. Also there is the question of the current boards ability to act going forward.
NLRB Chairman Mark Gaston Pearce issued a statement in response to the D.C. Circuit’s decision which found the recess appointments of three members of the Board unconstitutional:
“The Board respectfully disagrees with today’s decision and believes that the President’s position in the matter will ultimately be upheld. It should be noted that this order applies to only one specific case, Noel Canning, and that similar questions have been raised in more than a dozen cases pending in other courts of appeals.
In the meantime, the Board has important work to do. The parties who come to us seek and expect careful consideration and resolution of their cases, and for that reason, we will continue to perform our statutory duties and issue decisions.”
Since the “recess” appointments, the NLRB has handed down approximately 500 decisions. Legal experts looking at the issue have said that there is cause for legal challenges to those decisions. However those challenges will likely come, challenging specific decisions rather than looking to negate all of the decisions made in 2012.
What is interesting to note is that here we have an independent agency of the United States government, openly defying and thumbing it’s nose at the federal courts ruling. Where is the media outrage and coverage of this recusant NLRB behavior?
Commenting on the courts ruling:
“We’re very pleased that the Court agreed with our position that no President is above the law,” explained Landmark Legal Foundation President Mark R. Levin. “The Senate was meeting in pro forma sessions every three days when President Obama announced his appointments. They even conducted business during those sessions. This President doesn’t get to tear up and toss aside the Constitution just because he disagrees with the limitations it imposes on him.”