Today, President Obama’s belief in a “living Constitution” came up against a ruling that enforced our fixed Constitution. A 3-judge panel of the U.S. Court of Appeals for the D.C. Circuit unanimously declared Obama’s “recess” appointments to the National Labor Relations Board to be unconstitutional. In making those appointments when the Senate was still in session, Obama sought to do an end-around that deliberative body — a move made all the more striking by the fact that the Senate was, and is, controlled by his own party. 

The Associated Press writes, “The unanimous decision is an embarrassing setback for the president.” The AP adds, “The Obama administration is expected to appeal the decision to the U.S. Supreme Court, but if it stands, it means hundreds of decisions issued by the board over more than a year are invalid.”  (Under the ruling, the board lacked a quorum of legitimately appointed members.)