On Monday, the U.S. Supreme Court heard oral arguments in a case that could invalidate more than a year’s worth of National Labor Relations Board (NLRB) decisions and permanently alter the “advice and consent” dynamic between the President and the Senate.
Following a U.S Court of Appeals decision stating that President Barack Obama did not have authority to make certain recess appointments to the NLRB, the U.S. Supreme Court has agreed to weigh in on the case. The deadlines to file briefs have been extended, which will then be followed by oral arguments.
This week, the U.S. Supreme Court granted the petition for a writ of certiorari in NLRB v. Noel Canning, the case questioning whether the President's recess-appointment power may be exercised when the Senate is convening in pro forma sessions.
On Jan. 25, U.S Court of Appeals for the District of Columbia Circuit ruled that the NLRB lacks authority to act given that two of the three current members were recess appointments and thereby not constitutionally valid.
