ALG praises D.C. Circuit Court of Appeals decision ruling Obama ‘recess’ appointments unconstitutional

Jan. 25, 2013, Fairfax, VA—Americans for Limited Government today praised a decision by the D.C. Circuit Court of Appeals ruling unconstitutional “recess” appointments made by Barack Obama to the National Labor Relations Board that did not occur during a congressional recess.

The decision also struck down a controversial ruling by the NLRB as being unconstitutional because the “recess” appointments that provided the Board its quorum were not constitutionally made.

According to the unanimous ruling, “Because none of the three appointments were valid, the Board lacked a quorum and its decision must be vacated,” upholding the 2010 New Process Steel 2010 case.

The case now heads to the U.S. Supreme Court.

Americans for Limited Government (ALG) general counsel Nathan Mehrens said the decision would have wider implications if upheld by the Supreme Court: “If it stands, all of the acts of the unconstitutionally appointed NLRB will be struck down.”

ALG President Bill Wilson hailed the decision as “a victory for a return to constitutional government the way it’s worked for the prior 200 years, reaffirming the advice and consent process.”

He added in conclusion, “As important as this is for the appointments in question, the wider implication is that it will prevent the White House from ever again engaging in illegal activity of this nature.”


“Obama’s Extraconstitutional NLRB Appointments,” By Rick Manning, Vice President of Public Policy and Communications, Americans for Limited Government, Jan. 9, 2012 at

“NLRB ‘recess’ appointments an egregious power grab,” By Robert Romano, Senior Editor, Americans for Limited Government, Jan. 6, 2012 at

ALG Urges Passage of Bill Repealing NLRB Adjudicatory Powers in Light of Unconstitutional Appointments, Jan. 5, 2012 at

Interview Availability: Please contact Robert Romano at (703) 383-0880 ext. 106 or at to arrange an interview with ALG President Bill Wilson.