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By Tammy Bruce
Topic - Joseph A. Greenaway Jr.
A federal appeals court ruled Thursday that President Obama violated the Constitution when he made a recess appointment to the National Labor Relations Board, marking the second panel to rebuke the administration and making the issue even more likely to draw Supreme Court scrutiny.
"By basing the recess appointment power on the Senate's procedure, the majority has committed the Recess Appointments Clause to the Senate's discretion and procedural manipulations," Judge Greenaway wrote.
But Judge Joseph A. Greenaway Jr., in his dissent, said the other extreme also is possible — that the Senate can gum up all nominations by refusing to act, and staying in pro forma sessions where they can't conduct business but can deny the president his powers.