The Supreme Court, today, June 26, upheld the complaint of a Pepsi-Cola distributor that appointments made by Barack Obama to the National Labor Relations Board were unconstitutional.
The complainant, Noel Canning, said that the appointments of three of the five members of the board were invalid because they were made with the approval of the Senate.
The Senate was taking a three-day break when Obama made the appointments.
The Constitution grants the President the power to make recess appointments which are appointments made when the Senate was not in session.
The Supreme Court unanimously held that a three-day break was not what the Constitution meant concerning the recess appointment clause and strongly suggested that a president wait at least 10 days before invoking it.
In other matters, the Court today unanimously overturned a Massachusetts law requiring pro-life counselors stay 35-feet from an entrance or driveway to an abortion clinic.
It said that the law violated the counselors’ First Amendment rights because it restricts access to public ways and sidewalks that have been traditionally open for speech activities, among other things.
SCOTUS Spanks Obama, Also Pro Lifers Win