In 2012, President Obama named three members to the National Labor Relations Board, and did so while the administration claimed Congress was in recess. The case ended up at the Supreme Court, which has ruled against Obama.
The Court recognized that U.S. presidents do have the power to make recess appointments. However, in the specific NLRB case, SCOTUS ruled unanimously that President Obama’s recess appointments were improper because they weren’t made when Congress was in recess.
President Obama will offer a reaction as soon as this happens: