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Monday, April 29, 2013

Recess Appointment Decision Appealed to Supreme Court

The Obama administration asked the Supreme Court to review an appeals court ruling invalidating three of the president’s appointments to the National Labor Relations Board. The NLRB appointments were made on the same day as the president’s appointment of Richard Cordray to be CFPB director.

When President Obama made both the NLRB and Cordray appointments, the Senate was on a 20-day recess but holding pro forma sessions every three days to block presidential action. The D.C. Circuit Court of Appeals ruled in Noel Canning v. NLRB that the president’s recess appointment power occurs only during recesses between annual Senate sessions.

The administration argued in its petition yesterday that, if left to stand, the appeals court’s ruling “would dramatically curtail the scope of the President’s authority under the Recess Appointments Clause” and “would deem invalid hundreds of recess appointments made by Presidents since early in the nation’s history.”

If the Supreme Court agrees to hear the case, it will likely hear it in the court’s next term that starts in October, analysts said.

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