Judge Turns Away Challenge to Recess Appointees on NLRB

Last Friday, a federal judge turned away a challenge to President Obama’s recess appointment of three members to the National Labor Relations Board.  As Lyle Denniston reports on SCOTUSBlog, Judge Amy Berman Jackson refused to consider the claim in the context of a challenge to a recent NLRB rule requiring employers to provide certain information to employees.  “Several plaintiffs have attempted to shoehorn a challenge to the President’s recent recess appointments into a pending APA case about the validity of a rule issued by the National Labor Relations Board,” Judge Jackson wrote in her opinion. “But the rule was promulgated by a quorum of undisputedly duly authorized members well before the recess appointments were announced, and it is set to go into effect automatically on April 30, 2012.”   As a consequence, she explained the court “declines this invitation to take up a political dispute that is not before it.”  The industry groups fared somewhat better in their challenge to the substance of the new NLRB rule.


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