Law360, New York (June 26, 2014, 6:08 PM EDT) -- On June 26, 2014, the U.S. Supreme Court issued a landmark ruling in National Labor Relations Board v. Noel Canning, which in key respects limited the scope of the president's recess appointment power.
The Supreme Court ruled that the January 2012 recess appointments of three members to the NLRB were unconstitutional, because those appointments were not made when the Senate was in a recess within the meaning of the Constitution. Rather, President Obama made those appointments when the Senate was in a short recess, which lasted only three days.
The Supreme Court rejected a broader, more restrictive rationale applied by the...
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