Supreme Court Will Hear Recess Appointment Case
Jade West, the senior vice president-government relations for the National Association of Wholesaler-Distributors (NAW), sent the following message to NAW Direct Members:
The Supreme Court today granted certiorari in Noel Canning, the case in which the D.C. Circuit Court of Appeals ruled that President Obama’s 2012 recess appointments to the National Labor Relations Board were unconstitutional.
In announcing their decision, the court specifically asked the attorneys preparing briefs in the case to address not only the issue of recess appointments being made in “intrasession” vs. “intersession” recesses of the Senate, but also the issue of whether the President can make recess appointments when the Senate is meeting every three days in pro forma sessions.
The court will likely hear arguments in this case during their fall term that begins in October, and we therefore will most likely not know their decision until sometime next spring.