A third federal appeals court ruled Wednesday that President Obama violated the Constitution last year when he made recess appointments to the National Labor Relations Board, adding more weight to the case as it goes before the Supreme Court in the justices' next session.
The Fourth U.S. Circuit Court of Appeals, in a 2-1 decision, said that the president can only make recess appointments after Congress has adjourned "sine die," which in modern times has meant when it breaks at the end of each year.
That ruling rejects Mr. Obama's own interpretation that he can make appointments whenever he deems the Senate to be unable to give him "advice and consent" on his nominees.
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