Peter Schaumber was chairman of the National Labor Relations Board in 2008 and 2009. He appeared on CNBC to discuss President Obama’s “recess” appointments (the Senate wasn’t actually in recess when he made the appointments) to fill three slots on the board this week. Two of the three NLRB appointees have not been vetted by the Senate at all despite the body’s clear constitutional role of advise and consent. If the appointments are allowed to stand, the two unvetted appointess, both Democrats, will join the remaining Democrat and constitute a majority on the five-seat board.
Despite the anchors’ obvious attempts to make Obama’s decision seem to be nothing out of the ordinary, former Chairman Schaumber says that they are unprecedented and will probably found to be invalid. Schaumber also agreed that any decision made by any of Obama’s four “recess” appointees will likely be subject to serious court challenges.