Supreme Court Grants Review in Recess Appointments Case

To no one’s great surprise, the Court agreed to take the NLRB v. Noel Canning recess appointments case.  As I predicted, the Court added a third question, in addition to the inter/intrasession question and the happens to arise/happens to exist question:  “Whether the President’s recess-appointment power may be exercised when the Senate is convening every three days in pro forma sessions.”  Noel Canning/the Chamber of Commerce and amici Republican Senators had recommended that; the SG had recommended against it.  So all the major questions are squarely teed up!  I haven’t checked again recently, but I suspect this would be a January argument.


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