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A group of 39 Republican senators signed a letter Friday stating they view President Obama's recess appointments of Richard Cordray to head the Consumer Financial Protection Bureau and three National Labor Relations Board members as unconstitutional.

The senators, in their letter, saidalso that they plan to "jointly file an amicus brief challenging the constitutionality" of those appointments. The Justice Department has already issued an opinion that the appointments were sound, however.

The president made the appointments on Jan. 4 while senators were on their winter break, but were still holding "pro forma" sessions to prevent such appointments. Republicans said the move was unconstitutional – a contention reiterated in a letter released Friday featuring signatures from the senators. The letter promises that a legal battle will ensue to address the matter.

The only Republican senators who did not sign the letter were Scott Brown of Massachusetts, who backed Cordray's appointment; Dean Heller of Nevada; Thad Cochran of Mississippi; Olympia Snowe of Maine; Jeff Sessions of Alabama; Richard Shelby of Alabama; Roger Wicker of Mississippi; and Mark Kirk of Illinois, who is currently recovering from a stroke.