Justices Kagan and Breyer voted with Justice Roberts, Alito, Thomas and Kennedy in a 6-2 decision determining that Barack Obama violated the Constitution when he appointed a general counsel to the NLRB after the Senate refused to confirm him.
I don't know of any pResident who's had so much blow-back from the Judiciary Branch.
The court ruled Tuesday that Obama appointee Lafe Solomon illegally served as acting general counsel to the National Labor Relations Board from 2010 to 2013. Solomon, who once violated the agency’s ethics rules, should have vacated the position in accordance with the Federal Vacancies Reform Act of 1998 (FVRA) after the Senate refused to take up his nomination to serve as permanent general counsel in 2011, the court found in a 6-2 opinion authored by Chief Justice John Roberts. The appointment was an “end-run around” the Constitution.
Barry believes that the Constitution, as a "living document", should be amenable to interpretation in the sense that the words used don't necessarily apply in the modern world. If they don't like the words, that is.