Earlier this week, Barack Obama made three nominations to his beleaguered and arguably-unconstitutional National Labor Relations Board. Through this week’s action, Obama is once again demonstrating that he is more interested in setting up a political war-of-words than solving the problem he created.
Throughout his first term, Obama stacked the agency with mostly union attorneys with radical union agendas. However, the union-biased NLRB hit a brick wall with the January 25th ruling that Obama’s 2012 unilateral declaration that the Senate was in recess and his subsequent ‘recess’ appointments were, in fact, unconstitutional.
Almost immediately, instead of staying on message that the appointments were constitutional, Obama undermined his own argument by renominating two of the constitutionally-questionable appointments. After all, if the ‘recess’ appointments were, in fact, constitutional and the Obama Administration was comfortable with its legal argument, why the need to immediately renominate them?