Washington - January 25, 2013

SOUNDBITE: Jay Carney, White House Press Secretary: "well I think you should consult lawyers, but this decision applies to, and is written about, a specific case that the court considered. Again it does not apply to Richard Cordray. It doesn't as the NLRB has already stated, it doesn't apply to, affect their functions. It applies to a specific case. There are a lot of cases out there in different courts regarding recess appointments. I would simply say again we respectfully, but strongly disagree with this decision. It counters 150 years of precedent. There are over 280 recess appointments made in, during session, intersession recess appointments by democratic and republican administrations alike. So I think our view on this in terms of the precedent is buttressed by some significant facts. As for next steps, I refer you to the justice department. For interpretation of its legal implications, I suggest you go to the lawyers."


The White House says a court ruling that President Barack Obama violated the Constitution by making recess appointments to a labor panel won't affect the president's other personnel actions.

White House press secretary Jay Carney says the administration strongly disagrees with the decision. He's calling it novel and unprecedented, but also disputing that it could impede Obama's pick for head of a new Consumer Financial Protection Bureau.

The White House isn't saying whether it will appeal Friday's ruling by a three-judge federal appeals court panel. Carney says the Justice Department will have to answer that question.

The panel from the U.S. Court of Appeals for the D.C. Circuit said earlier Friday that Obama didn't have the power to fill vacancies on the National Labor Relations Board because the Senate was still in session.

Presidents have used recess appointments to bypass Senate opposition.