Heidi Alexander: “last Friday, a three-judge panel of the U.S. Court of Appeals for the District of Columbia issued a decision that…”

“last Friday, a three-judge panel of the U.S. Court of Appeals for the District of Columbia issued a decision that basically said the era of recess appointments is over. The three-judge court unanimously ruled that President Obama, on January 4, 2012, made three recess appointments which were unconstitutional, and, therefore, said the court, these three individuals--one who is already gone from the NLRB--so two NLRB individuals who were in the case that was before this court hold their seats unconstitutionally. The Chairman of the National Labor Relations Board nevertheless said, in effect, that the NLRB is open for business. I respectfully suggest that a different sign should go up--``help wanted; nominations needed''--and that the two NLRB members whose recess appointments were unconstitutional should leave the NLRB because the decisions in which they participated--and there were 219 of them--cannot be valid if they are challenged, just as this 1 decision was vacated, because since they were unconstitutionally there, the NLRB did not have a quorum, and therefore, when those decisions are challenged, under the ruling of this court, those decisions cannot stand. They are important decisions. As the Senator from Wyoming undoubtedly will mention more about, they involved some controversial issues. Several observers have said the court's decision is broad. In fact, it is a breathtaking decision. It is a bold decision.…”