Tuesday, April 2, 2013

Obama NLRB "Recess" Appointments Hit 3rd Circuit

You may recall that the DC Circuit recently ruled President Obama's NLRB "recess" appointments were not recess appointments at all and were therefore unconstitutional. The result being that the NLRB was rendered powerless in the DC Circuit. As I blogged previously, it's kind of a big deal because (among other reasons) parties can appeal NLRB decisions to the D.C. Circuit even if they aren't in the D.C. area. The NLRB has vowed a Supreme Court appeal.

Well, now the issue has also reached the Third Circuit (my home circuit). Barbara Mishkin blogs, Third Circuit Hears Oral Argument in Another NLRB Case Challenging Recess Appointments. This could potentially widen the circuit split on the recess appointments issue, and/or create another "dead zone" of NLRB inactivity. This will likely place additional pressure on the Supreme Court to take the issue up on appeal.

Image: Third Circuit seal used in commentary on Third Circuit. Not official use.