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Remember that time in 2012 when President Obama unilaterally declared the Senate in recess so he could make “recess” appointments? During the “recess,” he appointed three people to the National Labor Relations Board and controversial Richard Cordray to head the new Consumer Financial Protection Bureau.

The case has been winding its way through courts since then, with the appointments and every action taken by their respective agencies in the interim hanging in the balance. In January, the three-judge U.S. Court of Appeals for the D.C. Circuit ruled the NLRB appointments were unconstitutional (Cordray’s appointment is part of a separate case).

Ed noted the stakes at the time of the ruling:

The ruling means that a full year of work from the NLRB will go down the tubes, if the Supreme Court upholds this ruling. The three appointments allowed the panel to form the quorum necessary to pass decisions. Now every ruling made by the NLRB will be delegitimized as soon as those harmed by the rulings take this into court.

A 3rd Circuit verdict today is the result of one of those NLRB rulings being brought to court. It was a 2-1 decision:

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