The U.S. Supreme Court will decide whether President Barack Obama had authority to appoint members of the federal labor board without Senate confirmation, in a constitutional clash that may undercut his regulatory agenda.
Republican National Labor Relations Board member Terence Flynn rejected a call to quit, saying he did nothing wrong after an agency investigator found he broke ethics rules by sharing nonpublic information.
President Barack Obama violated the Constitution by making appointments to the federal labor board without Senate approval, a U.S. appeals court said in a ruling that calls hundreds of board decisions into question and may extend to the head of the new consumer finance agency.
President Barack Obama’s authority to make appointments without U.S. Senate approval is being considered by an appeals court for the first time in a test of so-called pro-forma sessions set up by Republican lawmakers.
A court petition seeking to halt a lockout of Brooklyn, New York, workers was valid, a federal judge ruled, rejecting claims that it wasn’t because the National Labor Relations Board that voted to file it didn’t have a quorum to do so.
A court petition seeking to halt a lockout of 70 workers at a Brooklyn, New York, apartment complex should be thrown out, a lawyer told the judge in the case, which may test whether President Barack Obama’s January appointments to the National Labor Relations Board are legal.
President Barack Obama had the power to make recess appointments last week when Congress was taking a brief break, the U.S. Justice Department said in a memo released after Republican complaints of a “power grab.”