A second federal appeals court -- this one in Philadelphia -- has ruled that President Barack Obama exceeded his power in making a recess appointment to the National Labor Relations Board.
The 3rd U.S. Circuit Court of Appeals ruled that recess appointments can be made only between sessions of the Senate, not any time the Senate is away on a break.
The 2-1 decision mirrors that of the U.S. Court of Appeals in Washington, D.C., earlier this year.
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The Obama administration has appealed that ruling to the Supreme Court, arguing that such an interpretation would invalidate hundreds of recess appointments made by presidents over more than 100 years.
The latest ruling says Obama had no constitutional authority to install a member to the labor board in 2010 while the Senate adjourned for two weeks.
The president appointed Craig Becker to the NLRB. The case came up when a ruling by the NLRB was challenged. A New Jersey organization went to court and argued that the NLRB's decision in their case should not stand. The board needs three active members in order to rule on cases. The organization said that a ruling against them was not valid because Obama's appointee was technically not an active member at the time of the decision.