Wednesday, March 13, 2013

NLRB to Seek SCOTUS Review of Noel Canning

Remember that time the DC Circuit held that President Obama's NLRB recess appointments were unconstitutional? Well, rather than seek en banc review (a review of the 3-judge panel decision by the entire DC Circuit), the NLRB has announced it will take its case straight to the Supreme Court. Some of you may recall that time the Supreme Court held that the NLRB didn't exist (specifically, at least three members good, two members bad).

The Supreme Court declines to hear the vast majority of cases for which it receives petitions. I have a feeling they're going to take this one though. As I blogged previously, it's kind of a big deal. For a really dumbed down overview of the arguments, read another of my previous posts on this case.

This case is not only about the NLRB. It could define the scope of the executive branch's recess appointment power, and the balance of power with the Senate. I can't wait!

NLRB logo used in commentary on NLRB. Not official use.

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