A year ago, I testified in Congress that the recess appointments of President Barack Obama were unconstitutional. Those four appointments by President Obama included Richard Cordray, who had been denied confirmation to a consumer protection board in a Republican filibuster. While I liked Cordray, I testified that the appointments were in my opinion clearly unconstitutional. The D.C. Circuit has now agreed with that view and the panel unanimously ruled that Obama violated the Constitution with his circumvention of Congress.
The Court of Appeals for the D.C. Circuit is far from being a "right wing-nut" court and is among the most highly regarded of the nation's Federal Courts of Appeal. The three judge panel's unanimous interpretation of the Constitution in this case should stand. It will likely to asked to reconsider the decision en banc and may do so. Once a decision becomes final, it is likely to make its way to the Supreme Court. What will happen there? A lot will probably depend on who the Supreme Court justices are then.
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