Challenge to NLRB Recess Appointments

Senate Republicans have indicated that they will file an amicus brief in a case challenging the NLRB's recess appointments. No huge surprise there, although their choice of attorney is somewhat newsworthy, as its Miguel Estrada, the D.C. Circuit nominee filibustered by Democrats a few years ago.

Also, the NLRB has recently issued a formal rejection of the recess appointment challenge in Center for Social Change.  The Democratic members rely on the presumption of regularity for public officials' acts; the Republican members rely on the lack of jurisdiction.

Hat TIp:  Patrick Kavanagh

-JH