An appeals court has determined that a National Labor Relations Board ruling involving a nursing home was invalid because one of the board's members was appointed in an improper manner. The appeals court panel ruled 2-1 that the Recess Appointment Clause in the Constitution applies only to breaks between congressional sessions rather than breaks during such sessions. Another appeals court ruled earlier this year that some of the appointments to the board were invalid, and the White House is waiting to see whether the Supreme Court will review that decision.

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