British parliament to hold vote on recognizing Palestine statehood
The British parliament next week will vote on whether the government should recognize the state of Palestine following its return from recess next Monday. Though the move is unlikely to influence official policy , it would result in...
Second Circuit Undermines Judicial Independence and Agency Accountability
JURIST Guest Columnist Akshat Tewary of the Law Offices of Kamlesh Tewary discusses Judicial Independence and Agency Accountability in reference to SEC v. Citigroup... The US Court of Appeals for the Second Circuit recently issued a ruling that could debilitate...
The US Supreme Court ruled Thursday in NLRB v. Noel Canning that US President Barack Obama overstepped his authority when he appointed three members to the National Labor Relations Board (NLRB)...
The US Supreme Court ruled unanimously Tuesday in Law v. Siegel that a bankruptcy court improperly exceeded its authority by ordering legally exempt funds to be used to pay attorney's costs. The case revolved around...
Supreme Court hears arguments on presidential recess appointments
The US Supreme Court heard oral arguments Monday in two cases. In NLRB v. Noel Canning the court will decide: (1) whether the president's recess-appointment power may be exercised during...
NLRB v. Noel Canning Presents a Non-Justiciable Political Question
Victor Williams, The Catholic University of America Columbus School of Law
In June 2013, the US Supreme Court agreed to hear arguments during the October 2013 term on the controversy regarding the constitutional limits of the president's recess appointment power. The Court granted certiorari to a petition by the president following...
Presidents have taken advantage of the constitutional power to make recess appointments since the first administration. According to a history of judicial appointments written by the Congressional Research Service, President George Washington appointed 12 federal court judges using the...
The Federalist No. 67, written by Alexander Hamilton and published in March 1788, discussed the power of the executive to grant recess appointments under the US Constitution. According to Hamilton, the Framers of the US Constitution intended that the recess...
Recess appointments have been used by US presidents to fill vacancies within administrative agencies, judicial benches, and other positions within the federal government that require confirmation by the US Senate. The US Supreme Court has agreed to hear the case...
