Monday, December 9, 2013

SCOTUS Grants Sen. McConnell Argument Time in Noel Canning

Moments ago, the Supreme Court issued an order granting Senate Republican Leader Mitch McConnell 15 minutes of argument time in Noel Canning (aka the NLRB Recess Appointments case):
The motion of Senate Republican Leader Mitch McConnell, et al. for leave to participate in oral argument as amici curiae and for divided argument is granted, and the time is to be divided as follows: 45 minutes for petitioner, 30 minutes for respondent Noel Canning, and 15 minutes for amici curiae Senate Republican Leader Mitch McConnell, et al. The motion of Professor Victor Williams for leave to participate in oral argument as amicus curiae and for divided argument is denied.
McConnell filed this brief on behalf of 45 U.S. Senators. McConnell argues that the Senate was in session while it held pro forma sessions, and the President cannot unilaterally declare a recess so as to make recess appointments.

The Court denied Prof. Williams' request. I briefly blogged about Prof. Williams' position here. He wants SCOTUS to stay out of it by holding that the issue is a political question left to the democratically elected branches of our government (while also supporting the appointments generally).