A unanimous three-judge panel from the District of Columbia Circuit Court of Appeals announced a decision in Noel Canning v. NLRB that overturned President Obama's controversial National Labor Relations Board ("NLRB") recess appointments from last year. The Court held that the President abused his powers by appointing three NLRB members on January 4, 2012 during a brief Senate recess. The Court found that the President can make recess appointments only when the Senate has formally adjourned between sessions. Considering the "text, history, and structure of the Constitution," the Court reached the "inescapable conclusion that the Framers intended something specific by the term 'the Recess,' and that it was something different than a generic break in proceedings." The NLRB no longer has a quorum to operate as a result of this ruling.
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