Kagan, Breyer

Join Other Justices To Strike Down Unconstitutional Obama Appointment
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But he was able to get what he wanted for 3 years worth of decisions, despite the fact that it was clearly unconstitutional.

Via Free Beacon:

The Supreme Court ruled that President Obama violated the Constitution when he maintained an acting agency appointment after the Senate refused to confirm him.

The court ruled Tuesday that Obama appointee Lafe Solomon illegally served as acting general counsel to the National Labor Relations Board from 2010 to 2013. Solomon, who once violated the agency’s ethics rules, should have vacated the position in accordance with the Federal Vacancies Reform Act of 1998 (FVRA) after the Senate refused to take up his nomination to serve as permanent general counsel in 2011, the court found in a 6-2 opinion authored by Chief Justice John Roberts. The appointment was an “end-run around” the Constitution.