Alex Stevens in Law360: Lawyers Weigh In On High Court's Recess Appointment Ruling

06/27/2014

The U.S. Supreme Court on Thursday struck down President Barack Obama's three recess appointments to the National Labor Relations Board, but took a broad view of the president's appointment power. Here, attorneys tell Law360 why the decision in National Labor Relations Board v. Noel Canning is significant...

Alex Stevens, Haynes and Boone, LLP

“The immediate takeaway from Noel Canning is the Supreme Court’s affirmation of the Senate’s power — not the president’s — to decide when it is in recess. This decision will protect the Senate as a key player in the appointment process, rather than an obstacle to be worked around. From a labor law perspective, we have not seen the last of the hundreds of decisions invalidated by Noel Canning. Today, all five NLRB members have been confirmed by the Senate, and have full authority to reconsider these cases and issue new decisions. When the board took similar steps following New Process Steel, most cases reached the same result. The same is likely to happen here. While there may be drastic changes to the labor law landscape in the coming months, they are more likely to come from pending cases currently before the board.”

Excerpted from Law360, June 27, 2014. To view full article, click here (subscription required).

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