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.