Fed appeals court rules against Obama recess appointments

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Good evening I'm Bret -- a major setback today for president Obama's effort to stack a key government board.

With like minded people but without senate approval.

Chief White House correspondent Ed Henry on a federal appeals court saying no to the president over picks for the National Labor Relations Board.

A ruling that could have big implications down.

As he rolled out new White House chief of staff Denis McDonough President Obama was hoping for a smooth start to his second term instead he was -- back by a federal appeals court.

Ruling unanimously he violated the constitution last year.

It was just a you massive.

Overstep.

Of executive power.

And an unconstitutional.

-- -- the controversy stems from a dramatic election year showdown in which the president bypassed the senate.

It put three picks on the National Labor Relations Board but using recess appointments on January 4 2012.

-- power the White House continued to defend vociferously today to the decision.

It is the novel and unprecedented.

It.

Contradicts a 150 years.

Practiced by.

Democratic and Republican administrations except Republicans used pro forma sessions to make sure the senate was not really in recess when the president made those appointments.

And GOP senators today hailed the court decision as a major victory.

But they -- Has been getting ready to directors -- a lot.

Of the executives.

Overreach.

Well a lot of executive orders and regulations.

Try to have to push his agenda that -- so this really comes at a very very.

Appropriate.

But -- -- -- constitution.

And the American people.

White House officials downplayed it by saying this was just one court and one case a suit brought by a family -- soft drink business in Washington State.

Challenging the NLRB's demand they enter into a collective bargaining agreement with the labor union.

Conservatives insist the case has massive implications.

Because the Supreme Court ruled last summer the NLRB must have at least three people to make rules.

Since August of 2011.

You have not had a three member board that has been confirmed by the senate.

And so under the supreme court's decision a new process steal this means that all those decisions are buoyed.

Richard court -- was also installed by recess appointment on January 4 2012.

And while conservatives say all of his work as the head of the Consumer Financial Protection Bureau is now Null and void the White House insists no precedent was set today.

It has no bearing on Richard courtroom.

And we as -- -- strongly disagree with it.

Now Republicans think the ramifications are massive in terms of the business world because the NLRB has issued over 200 directives and decisions since January 2012 including.

Expanded powers for you need to get information from employers also forcing employers to take union -- -- a paychecks.

Even if collective bargaining agreements have expired White House pushes back -- all this by saying president George W.

Bush used his power far more a 141 times in eight years and former bush aides have also noted the senate cannot stop this presidential power.

Just by using pro forma sessions Brett.

And we're learning tonight about a big push on immigration from both sides of the -- next week what what can tell us about that that's -- -- Mike Emanuel reporting that a bipartisan group of senators included Marco Rubio leading an effort in the senate where they think they're coming around a bipartisan plan we might see that come to a little fruition next week but also important the president we're told had a meeting today here at the white house -- -- court rational Hispanic caucus and on Tuesday he's going to Las Vegas big Hispanic.

Population there to give a speech laying out his principles here the bottom line is both parties seem to be starting to gel.

Behind a plan that we might see some movement on in the weeks ahead -- Following Ed thank you.

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Fed appeals court rules against Obama recess appointments

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