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Supreme Court to review NLRB appointments case

June 24, 2013

The U.S. Supreme Court today agreed to review a January ruling by the D.C. Circuit Court of Appeals that found three National Labor Relations Board members were not validly appointed. At issue in the case (NLRB v. Noel Canning et al.) is whether President Obama validly used his recess appointment authority to appoint three members to the board on Jan. 4, 2012 without Senate approval. In a unanimous decision, the appeals court held that the president can only make recess appointments for vacancies that arise during an official recess, which it defined as the break between sessions of Congress. If the ruling stands, it could invalidate all NLRB decisions made since the appointees joined the board due to lack of a legally required quorum for doing business.