Justice Dept. appeals recess case to Supreme Court

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By SAM HANANEL, Associated Press

WASHINGTON (AP) — The Obama administration is asking the Supreme Court to overturn a lower court decision that found the president's recess appointments to a labor agency unconstitutional.

The government argues that the decision undermines a key presidential power that has been used for more than a century to appoint hundreds of government officials while the Senate is out of town.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled in January that President Barack Obama violated the Constitution when he bypassed the Senate to fill three vacancies on the National Labor Relations Board. Since then, Republicans have claimed the board lacks any legitimacy to act.

The case is unlikely to be argued before the Supreme Court begins its new term in October.

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