Another U.S. Circuit Court has held that President Obama’s recess appointment to the NLRB was unconstitutional. The Third Circuit in NLRB v. New Vista Nusing and Rehabilitation followed the decision of the D.C. Circuit in the Noel Canning case to hold that the Recess Appointments can only be made during an intersession recess. I was pleased to see that the Third Circuit also significantly relied upon by my scholarship. I hope to have something to say about the opinion next week.