New Process Steel v. National Labor Relations Board

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
08-1457	7th Cir.	Mar 23, 2010 Tr.	Jun 17, 2010	5-4	Stevens	OT 2009

Holding: Because of gridlock over presidential confirmations, the National Labor Relations Board only operated with two of its five seats filled. The Court held that it was illegal for NLRB to rule on cases with only two sitting members.

Judgment: Reversed and Remanded, 5-4, in an opinion by Justice John Paul Stevens on June 17, 2010. Justice Kennedy dissented, joined by Justices Ginsburg, Breyer, and Sotomayor.

SCOTUSblog Coverage

Panel of two is not sufficient for NLRB authority (Kimberly Harding - Guest)
Fall-out from today's decision in New Process Steel (Kevin Russell)
New question in NLRB case (Lyle Denniston)
Discussion of vacancy requirements attracts Court's interest (Erin Miller)
Identifying quorum requirements for the National Labor Relations Board (Anna Christensen)

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Cases argued	70
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New Process Steel v. National Labor Relations Board

SCOTUSblog Coverage

Briefs and Documents

Merits Briefs

Amicus Briefs

Order Requesting New Briefs

Certiorari-stage documents

Featured Posts

Remembering Justice Stevens – Ian Gershengorn

Justice Stevens: Setting an example for all of us – Jeffrey Fisher

Retired Justice John Paul Stevens has died – Amy Howe

Sponsored by Casetext

SCOTUStalk see all

Email Digest Sign-Up

Merits Case Pages and Archives

This Week at the Court

Major Cases

Recent Decisions

Current Relists

Recent Special Features

Statistical Snapshot

Live Blog Archives

Twitter Feed

Majority Opinions by Author

Voting Breakdown Argued Cases

Calendar: July 2019

July 2019

Holiday

Download our App in the Apple Store

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award