The National Right To Work (NRTW) joined by the National Federation of Independent Business (NFIB), and Coalition for a Democratic Workplace (CDW) took off the legal gloves and are forcing the Obama Administration to defend its unconstitutional appointments to the National Labor Relations Board (NLRB).   Some say that President Barack Obama is creating a serious constitutional crisis.

This is the first legal challenge regarding these NLRB Board appointees who Obama appointed without a U.S. Senate confirmation process; but, more are expected.

From the NRTW release:

Washington, DC (January 13, 2012) – Today, National Right to Work Foundation attorneys filed a motion in federal court challenging the legality of President Barack Obama’s recent purported recess appointments to the National Labor Relations Board (NLRB).

The legal challenge is part of a larger case attacking controversial new NLRB rules that require every employer to post incomplete information about employee rights online and in the workplace, even if they’ve never violated or been accused of breaking federal law. The NLRB’s posting rules do not require union officials to issue information about workers’ rights to refrain from union membership or opt out of union dues. Currently employers can only be required to post notices if the Board has ruled that a violation of labor law occurred.

The Foundation’s case has been consolidated with other legal challenges to the biased NLRB notice posting rules brought by the National Federation of Independent Business (NFIB), Coalition for a Democratic Workplace (CDW), and two small businesses. Those parties filed the joint motion today raising the issue of the NLRB’s lack of authority to implement the rule given the unprecedented recess appointments.

The new filings in the U.S. District Court for the District of Columbia case comes after NLRB lawyers notified the court that President Obama’s recent recess appointees were now parties in the ongoing legal battle. Under the U.S. Supreme Court’s New Process Steel decision, the NLRB needs three members to act. However three of the five current NLRB members were installed by unilateral Presidential appointment earlier this year, despite the fact that the Senate was not in a self-declared recess.

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Yesterday, The Weekly Standard reported that President Obama hosted 10 Democrat House members at the White House last night:

Tonight, Barack Obama will host ten House Democrats who voted against the health care bill in November at the White House; he’s obviously trying to persuade them to switch their votes to yes. One of the ten is Jim Matheson of Utah. The White House just sent out a press release announcing that today President Obama nominated Matheson’s brother Scott M. Matheson, Jr. to the United States Court of Appeals for the Tenth Circuit.

Apparently, Obama thinks that Matheson’s brother is qualified to become a federal judge:

“Scott Matheson is a distinguished candidate for the Tenth Circuit court,” President Obama said. “Both his legal and academic credentials are impressive and his commitment to judicial integrity is unwavering. I am honored to nominate this lifelong Utahn to the federal bench.”

Matheson’s background reads:

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