Court Asked to Review Presidential Appointments

The issue of President Barack Obama’s appointments to the National Labor Relations Board is now before the U.S. Supreme Court, as a nursing home company on Monday asked the court to block a board order. Though Justice Ruth Bader Ginsburg denied the company’s application late yesterday, the company has now filed its petition with Justice Antonin Scalia, The Blog of Legal Times reports. If the court hears the challenge it will be the first opportunity to consider the constitutionality of the appointments, which were invalidated last month by a lower court. That decision found that the appointments – defended by the administration as traditional recess appointments – were an unconstitutional use of executive power because the Senate was in session when the new members were named.