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When the three-judge panel ruled last month, the judges expressed a view that went farther than even some critics of Obamaís appointments could have anticipated.
The ruling said that the judges believed recess appointments could only be made during intersession recesses, and even then only for positions that come vacant during that time. Such a broad interpretation would call into question a slew of prior recess appointments.
A House Education and Workforce subpanel plans to hold a hearing Wednesday on the NLRBís future, with several lawyers scheduled to testify. While it may look at the NLRB more broadly, thereís little doubt that the question of legality of decisions made by the board over the past year or so will come up for debate.