A second federal appeals court 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 in Philadelphia 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. 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.