The National Right to Work Foundation has filed an amicus brief challenging President Obama’s recent recess appointments to the NLRB. The president named three members, including former member Terence F. Flynn, to the board in January. The Foundation claims that because the Senate was in pro forma session, the president overstepped his ability to make federal appointments via his "recess appointment" power.
The Foundation's press release can be found here. A PDF of the Amicus Brief can be accessed here.
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National Law Review, Volume II, Number 231