In a unanimous decision, the Supreme Court rules that President Obama went too far when he made recess appointments to the National Labor Relations Board (NLRB). This is the first time the Supreme Court has ruled on a matter involving the long-standing practice of presidents naming appointees when the Senate is on break. Obama had argued that the Senate was on an extended holiday break when he filled slots at the NLRB in 2012. Justice Stephen Breyer stated that a congressional break has to last at least 10 days to be considered a recess under the Constitution. Breyer wrote:
Three days is too short a time to bring a recess within the scope of the Clause. Thus we conclude that the President lacked the power to make the recess appointments here at issue.