Apparently, the "three strikes" rule applies only to baseball players and to common criminals. Uncommon criminals get to play on. And so it is that, having had three federal courts rule that Barky's "recess appointments" were unconstitutional because the Senate was most definitely not in recess when he made them, Barky and his buddy Eric seem prepared to fritter away yet more taxpayer resources on the issue. What happens if the case goes next to the Supreme Court, and they likewise rule the appointments unconstitutional?
Perhaps in an effort to sidestep the issue, Barky has proposed a couple of people to replace two of the three NLRB appointments in question. Assuming that the GOP accepts them, then yet another visit with the Supremes may be averted.