April 17, 2012
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
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