NLRB Seeks Supreme Court Review of Recess Appointments Decision

Mar 12, 2013

Today, the National Labor Relations Board (NLRB) announced it will seek U.S. Supreme Court review of the D.C. Circuit’s decision invalidating the President’s recess appointments to the NLRB. In January, the court ruled that the three “recess” appointments to the NLRB are invalid because they exceeded the scope of the President's authority under the Recess Appointments Clause of the U.S. Constitution. The NLRB’s petition will be due by April 25, 2013.

U.S. Chamber President and CEO Tom Donohue said of the announcement:

I am pleased that the government announced it will seek U.S. Supreme Court review of the recess appointments case we briefed and argued on behalf of our member, the Noel Canning Corporation, in the D.C. Circuit. The government’s decision to seek Supreme Court review is an important step toward resolving the tremendous uncertainty created by the controversial recess appointments.

After winning the case with DC Circuit on behalf of its member, the U.S. Chamber will continue to stand by Noel Canning as the case proceeds through the U.S. Supreme Court.

Check out our “Recess Appointments Litigation Resource Page,” which provides information on the 1,000+ affected board decisions and appeals raising the recess appointment issue.

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