Monday, June 24, 2013
The Supreme Court today agreed to review the President's recess appointment authority. The Court granted cert. to the D.C. Circuit and agreed to hear an appeal in Noel Canning v. NLRB, the case testing the President's authority under the Recess Appointments Clause to appoint members to the NLRB during an intra-session recess in the Senate. Our post on the D.C. Circuit's ruling--holding that the President lacks authority--including links to prior posts, is here.
Recall that the D.C. Circuit ruled President Obama's appointments to the NLRB unconstitutional. The Third Circuit followed suit.
The Supreme Court's move today gives the high court an opportunity to weigh in.