A right-to-work organization is taking the White House to court over the president’s controversial decision to install three new members on the National Board Relations board without Senate approval.

The legal challenge came after the three new members approved a legal response in an existing lawsuit. The plaintiffs asked the judge on Friday to rule that their participation is invalid because President Barack Obama did not have the authority to appoint them.

“We asked [the judge] to consider the question of whether they are constitutionally seated,” said Mark Mix, president of the National Right to Work Foundation.

Without legitimate appointments, they can’t participate in the lawsuit, Mix told The Daily Caller. And without their participation the board does have the quorum needed to implement the new regulations that the foundation opposes.

 

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