4th Circ. Finds NLRB Recess Appointments Unconstitutional

Law360, New York (July 17, 2013, 3:08 PM EDT) -- The Fourth Circuit on Wednesday deemed the president's January 2012 recess appointments to the National Labor Relations Board “constitutionally infirm,” making it the third federal appeals court to hold that such appointments can only be made during the Senate's intersession recess.

The issue of the validity of the appointments — which is currently pending before the U.S. Supreme Court in the NLRB's appeal of the D.C. Circuit's blockbuster decision in Noel Canning v. NLRB striking down the January 2012 appointments — reached the Fourth Circuit in...
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