Thursday, May 16, 2013
In a 102 page opinion released a majority of the 3d Cir. (Smith and Van Antwerpen) agreed with the D.C. Cir. that recess appointments can only be made during a recess between congressional sessions. Judge Greenaway wrote a 55 page dissent. The majority held that Craig Becker's appointment on March 27, 2010, was invalid. The case is NLRB v. New Vista Nursing and Rehabilitation, Nos. 11-3440, 12-1027, and 12-1936.
Law Review commentary on this important topic, which will likely go to the Supremes, would be most welcome.
Mitchell H. Rubinstein