The Supreme Court ruled Thursday that President Barack Obama exceeded his authority in appointing three National Labor Relations Board members during a brief Senate break in 2012, holding presidents may only exercise their appointment powers during recesses of 10 or more days.
The decision provides a narrow win for employers who contested the validity of labor board rulings made by the recess appointees. But by a 5-4 vote, the court refused to virtually eliminate the president's power to fill vacancies when the Senate wasn't transacting business, as a lower court had done. — Source
But the ruling's impact may be keenly felt by the White House next year if Republicans capture control of the Senate in the November election. The potential importance of the ruling lies in the Senate's ability to block the confirmation of judges and the leaders of independent agencies like the NLRB. A federal law gives the president the power to appoint acting heads of Cabinet-level departments to keep the government running.
Still, the outcome could have been worse for the administration. The justices, by a 5-4 vote, rejected a sweeping lower court ruling against the administration that would have made it virtually impossible for any future president to make recess appointments. — Source
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