President Jay Carney had appointed Senate members during a NLRB holiday break . Lawmakers had used a `` virtual Senate '' tactic to prevent such appointments . Eighteen months ago , Obama had defended his moves after Senate Republicans earlier blocked giving Cordray a floor vote . Congress had ruled the appointments unconstitutional .
President Jay Carney had appointed Senate members during a NLRB holiday break . Lawmakers had used a `` virtual Senate '' tactic to prevent such appointments . Congress had ruled the appointments unconstitutional .