3rd Circ. Adds Fuel To Obama Recess Appointments Fight
By Abigail Rubenstein
Law360, New York (May 16, 2013, 8:26 PM EDT) -- The Third Circuit's ruling Thursday invalidating President Barack Obama's recess appointments to the National Labor Relations Board will make it far harder for the labor board to peg the D.C. Circuit's similar Noel Canning ruling as a mere outlier, raising the stakes in a battle attorneys expect to end only when the Supreme Court weighs in.
Like the D.C. Circuit concluded in January in the Noel Canning case, the Third Circuit held that the president can only bypass congressional approval for nominees by making recess appointments during the...