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To hear this audio story featuring Kristi Remington, John Elwood, and Deepak Gupta, click this link. Kali Borkoski: On June 26, the Court announced its decision in National Labor Relations Board v. Noel Canning, holding that three of the president’s recess appointments to the NLRB were unconstitutional.
In National Labor Relations Board v. Noel Canning, the Supreme Court (by a vote of five to four) rejected two major structural challenges to the recess appointments power, but all the Justices invalidated the recess appointments at issue in the case by accepting a third argument.
For those who care primarily about partisan politics, labor law, or the narrative of executive overreach, the Court’s decision yesterday in National Labor Relations Board v. Noel Canning is a unanimous one.
There’s been a lot of talk recently about the high degree of unanimity at the Supreme Court this Term. But while today’s decision in National Labor Relations Board v. Canning may have been nine-zero as to the judgment, it was in reality a five-four decision, with the Justices disagreeing sharply over the proper scope of the Recess Appointments Clause.
“[W]e must hesitate to upset the compromises and working arrangements that the elected branches of Government have reached,” writes Justice Stephen Breyer in his majority opinion in National Labor Relations Board v. Noel Canning.
In National Labor Relations Board v. Noel Canning, the Supreme Court unanimously concluded that three NLRB members were unconstitutionally appointed by President Obama under the guise of his recess appointment power.
As many people predicted, the Supreme Court unanimously struck down President Obama’s recess appointments to the National Labor Relations Board (NLRB).
John Neiman is Chair of the Appellate Group at Maynard, Cooper & Gale P.C. As the former Solicitor General of Alabama, he was counsel of record for the amicus brief 17 States filed supporting the respondents in Noel Canning. The views below are his own.
The Supreme Court today gave a stinging defeat to President Barack Obama in National Labor Relations Board v. Noel Canning, holding that the president did not have any power to make recess appointments during the three-day break between pro forma sessions of the Senate.
This week we are hosting an online symposium on National Labor Relations Board v. Noel Canning, in which the Court will consider the constitutionality of the president’s recess appointments to the NLRB. Lyle summarized the issues in the case last week in a “Made simple” post.
This week we are hosting an online symposium on National Labor Relations Board v. Noel Canning, in which the Court will consider the constitutionality of the president’s recess appointments to the NLRB. Lyle summarized the issues in the case last week in a “Made simple” post.
This week we are hosting an online symposium on National Labor Relations Board v. Noel Canning, in which the Court will consider the constitutionality of the president’s recess appointments to the NLRB. Lyle summarized the issues in the case last week in a “Made simple” post.