Although it didn’t make quite as much of a splash as the D.C. Circuit’s ruling, another federal appeals court has invalidated the President’s recess appointments to the National Labor Relations Board.
The federal Third Circuit Court of Appeals, sitting in Philadelphia, adopted the same logic as the D.C. Circuit in invalidating the NLRB recess appointments. It ruled that Presidential recess appointments may only be made during the intersession recess between Congresses, and not during intrasession breaks when Congress happens to be out of session.
The NLRB has appealed the original D.C. Circuit case, Noel Canning, to the Supreme Court, which will likely hear the case during its upcoming term starting in October 2013.