C. Boyden Gray, former White House Counsel under President George H.W. Bush, is representing groups that are challenging the constitutionality of Cordray’s appointment — made the same day as the NLRB appointments. Gray himself was recess-appointed to serve as U.S. ambassador to the European Union in 2006, but in a brief filed with the Supreme Court in the NLRB case, Gray argues the executive branch’s interpretation of recess-appointment powers has become increasingly aggressive.