Think Tank Urges High Court To Weigh Recess Appointments

By Abigail Rubenstein (May 30, 2013, 3:49 PM EDT) -- The Constitutional Accountability Center on Tuesday urged the U.S. Supreme Court to review the D.C. Circuit's blockbuster Noel Canning decision, saying the appeals court's invalidation of the president's recess appointments to the National Labor Relations Board undermines the Constitution's recess appointments clause.

Contrary to the D.C. Circuit's interpretation, which held that the president can only make a recess appointment during an intersession recess and only for a post that becomes vacant during that recess, the framers of the constitution intended for the clause to allow the president to make recess appointments during both intersession and intrasession recesses of Congress and to...

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