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Obama's illegal appointments to NLRB puts 436 cases in jeopardy

It appears that 436 cases need to be revisited now that the Supreme Court has deemed President Barack Obama’s executive-ordered appointments to the National Labor Relations Board illegal. The United States Supreme Court ruled on Thursday that the three appointments made by the president back in early 2012 to the NLRB were invalid. That invalidation puts hundreds of cases in doubt. Officials say that there is a good chance that all cases decided by those invalidated and Obama-appointed board members will have to be tried again, according to Fox News on Friday. The process will obviously be laborious and extremely time-consuming.

President Obama at the White House on June 26, 2014 - the day the Supreme Court deemed his executive-order appointments to the National Labor Relations Board invalid.
Photo by Chip Somodevilla/Getty Images

The National Labor Relations Board decides on labor disputes. The decisions made by those now-invalid Obama appointees, in all fairness and honesty, appear as though they should be readdressed and re-decided under the legitimate National Labor Relations Board's membership. Obama made the illegal appointments in early 2012, and that illegally-appointed board made decisions for an entire year-and-a-half until half-way through 2013.

One of the high-profile decisions made by that illegal board was the decision regarding social media. That board addressed the case to protect workers from being fired for complaining about their companies for which they work - when the complaints were presented on social media web sites. Such cases likely have to be visited again – and quite possibly the results of the decisions could be reversed. The chairman of the board, Mark Gaston Pearce, released a brief statement on Thursday after the Supreme Court’s decision. He stated that such cases as the social media case will likely have to be re-worked.

The Wall Street Journal reports that two-of-the-three appointees illegally made by Obama were there for the entire 18-month period. One of the three was only there for a brief period of time. Nonetheless, those decisions made by that board were challenged in federal court. The result is the time-consuming task of looking at those cases again. With this Supreme Court ruling, the circumstances under which the United States Constitution allows a president to make temporary recess appointments to executive branch positions is more clearly defined.

Quite incredibly, Obama is aptly accused of abusing his self-asserted privilege of assigning appointees because he took it upon himself to make the appointments when Congress was only recessed for 3 days. Obama defiantly ridiculed the ruling on Friday when he was speaking in Minnesota. He said that he will continue to make executive orders when Congress does not act fast enough to suit him.

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