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New question in NLRB case

The Supreme Court on Friday afternoon ordered lawyers in a case argued March 23, testing the powers of the National Labor Relations Board, to file new briefs on the effect of new appointments to the Board.  The order, requiring briefs to be filed simultaneously on April 26, is here.  The case is New Process Steel v. NLRB (docket 08-1457).  The question at issue is spelled out here.  On March 29, Solicitor General Elena Kagan notified the Court that President Obama had made two appointments to the Board, but did not comment on the effect that might have on the case.  The case involves the Board’s authority to make decisions with only two members taking part; the Board’s full membership is set at five.