In an article titled, "Obama Recess Appointments Unconstitutional," Stephen Dinan reports at the Washington Times:
In a case freighted with major constitutional implications, a federal appeals court on Friday overturned President Obama’s controversial recess appointments from last year, ruling he abused his powers and acted when the Senate was not actually in a recess. [emphasis added]
The three-judge panel’s ruling is a major blow to Mr. Obama. The judges ruled that the appointments he made to the National Labor Relations Board are illegal, and the board no longer has a quorum to operate.
"If some administrative inefficiency results from our construction of the original meaning of the Constitution, that does not empower us to change what the Constitution commands," the Times quotes the judges as writing.