This time a 2-1 partisan majority with the appellate court for the 3rd circuit:
If it's Thursday, another circuit court has struck down an Obama recess appointee's decision by declaring his appointment invalid. The latest instance comes from the Third Circuit (Delaware/New Jersey/Pennsylvania), which has ruled against Obama's National Labor Relations Board on the grounds that "Member [Craig] Becker was invalidly recess appointed to the Board during the March 2010 intrasession break. This means that the delegee group had fewer than three members when it issued the August 26 Order." Two Republican appointees went that way; an Obama appointee wrote the dissent.
Un fucking believable.
Just 2-3 years ago, the Supreme Court explicitly gave recess appointments as a remedy, and now it's the fucking wild fucking west out there.
This has been precedent since 1795!