President Obama's recess appointments to a federal agency-- made
without Senate confirmation-- have been struck down by a federal
appeals court as an unconstitutional use of executive power.
The three-judge panel unanimously concluded Friday three people
named to the National Labor Relations Board lacked authority,
because the presidential appointments were made while the Senate
was technically in a "pro forma" session during the winter
holiday break.  The case sets up a potential high-stakes Supreme
Court fight between the executive and legislative branches.
Republican and Democratic lawmakers in the past have used the
"virtual Congress" tactic to block unilateral appointments by
the President when the Senate is away.  "We determine the Board
issuing the findings and order could not lawfully act, as it did
not have a quorum," said the court.  Republicans had claimed the
appointments to the NLRB created a panel that was overly pro-
union, and this ruling could invalidate hundreds of findings
issued over the