Supreme Court to Review President's Recess Appointment Power

, The Legal Intelligencer


On June 24, just as its October 2012 term was ending, the U.S. Supreme Court granted certiorari in National Labor Relations Board v. Noel Canning, Docket No. 12-1281, agreeing to consider the scope of the president's recess appointment power. The stakes are high. The NLRB is appealing a January decision by the U.S. Court of Appeals for the D.C. Circuit that nullified three temporary appointments to the board by President Obama on January 4, 2012, which in turn may nullify more than 1,250 NLRB decisions dating back to August 2011. Beyond the NLRB, the court's decision in this case could impact actions taken by the Consumer Financial Protection Bureau, whose director also was appointed by Obama on January 4, 2012, and could have broad implications for staffing the highest levels of the executive branch in any administration.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Continue to Lexis Advance®

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at

What's being said

Comments are not moderated. To report offensive comments, click here.

Preparing comment abuse report for Article #1202610882801

Thank you!

This article's comments will be reviewed.