Wading into the politically-charged waters of President Obama’s recess appointments to the National Labor Relations Board, the U.S. Court of Appeals for the Third Circuit set narrow parameters for the definition of a Senate recess that would allow the president authority to make appointments.
The three-judge panel of the Third Circuit split in the 157-page opinion, with the majority issuing a ruling that only the breaks between regular sessions of the Senate, called intersession breaks, would qualify as a recess that warrants presidential appointments.
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