The challenge comes after the Justice Department issued a legal opinion in defense of the pledge the Labor Council, and the appointment of a consumer watchdog, against Republican criticism.
Obama sparked controversy earlier this month when he squeezed the promise during a short break between sessions of the Senate. Republican leaders have called a general step not constitutional power grab, has said the Senate was not technically in recess when Obama is acting.
White House officials had no immediate Comment legal challenge. Administration officials say Obama making promises because Senate Republicans have been unfairly blocking Senate confirmation of candidates as a way to limit the powers of the institutions they oppose.