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New Process Steel v. National Labor Relations Board

Docket No. Op. Below Argument Opinion Vote Author Term
08-1457 7th Cir. Mar 23, 2010
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.

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Briefs and Documents

Merits Briefs

Amicus Briefs

Order Requesting New Briefs

Order (April 16, 2010)

Certiorari-stage documents