Obama Labor Board Checked by the Courts

On January 4^th of last year, President Obama decided to thumb his nose at the United States Senate. He purported to recess-appoint Richard Griffin and Sharon Block to the National Labor Relations Board (NLRB) despite having nominated them only a few weeks earlier and while the Senate was in on-going pro-forma sessions. It was an unprecedented power grab by the Executive Branch, one that sought to tell a co-equal branch of government when it was and was not in session. If left unchecked, it would have forever altered the checks and balances established in the Constitution over the political appointment process. The president does not have unilateral appointment authority. His power of appointment is shared with the Senate: the president nominates, the Senate confirms. This prevents the development of a presidential spoils system and the appointment to high office of persons who, in the Framer’s words, are “unfit characters.”