Another federal appeals court has determined that recess appointments made by President Barack Obama to the National Labor Relations Board were not in accordance with the Constitution. The U.S. Supreme Court has already agreed to take up the issue, but the dispute may have been resolved by the fact that the president on Tuesday nominated new appointees to the board. The nominations are expected to be confirmed this month as part of a deal to avoid changes to Senate filibuster rules. The two nominees are Nancy Schiffer, associate general counsel at the AFL-CIO, and Kent Hirozawa, chief counsel to NLRB Chairman Mark Pearce.

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