Senator Tim Scott announced today that he, along with 44 other Republicans in the U.S. Senate, asked the Supreme Court to hear the case challenging President Barack Obama's unconstitutional "recess" appointments to the National Labor Relations Board. Senator Scott joined an amicus brief asking the court to consider the legality of the President's January 2012 appointments. Within the past few months, two courts have ruled that the President's three so-called recess appointments to the NLRB were invalid because the Senate was not actually in recess.
"The President's attempt to stack the deck at the National Labor Relations Board was unconstitutional," said Senator Scott. "The NLRB was established to be an unbiased arbiter, but the President has turned it into a pro-union, anti-right-to-work organization. I'm hopeful that the Supreme Court will make the ultimate decision that these appointments are invalid and we can undo the harmful decisions made by the board. Removing uncertainty and burdensome regulations will give businesses a better opportunity to succeed and allow more folks to get back to work."
Earlier this month, the U.S. Court of Appeals for the Third Circuit found that the President's March 2010 appointments to the NLRB were invalid. In January, the U.S. Court of Appeals for the D.C. Circuit reached a similar decision.