June 26, 2014
by Jaclyn Belczyk
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) in January 2012. In an opinion by Justice Stephen Breyer, the court held that while the president does ...[read more]
January 13, 2014
by Cynthia Miley
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 a recess that occurs within a session of the Senate or is instead limited to recesses that occur between ...[read more]
January 6, 2014
by Kenneth Hall
JURIST Guest Columnist Victor Williams of The Catholic University of America Columbus School of Law argues that the recent legal challenge to President Obama's recess appointments to the National Labor Relations Board is a political question that should not be determined by the court but instead ...[read more]
September 3, 2013
by Kyle Webster
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 a case, National Labor Relations Board ( ...[read more]
September 3, 2013
by Sarah Steers
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 recess ...[read more]
September 3, 2013
by Sean Gallagher
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 of NLRB v. Canning in the October ...[read more]
September 3, 2013
by Zachariah Rivenbark
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 appointments clause at Article II, ...[read more]
September 3, 2013
by Arjun Mishra
07/17/2013: Federal appeals court ruled NLRB recess appointments unconstitutional. 06/24/2013: Supreme Court agreed to rule on recess appointments. 06/06/2013: Obama administration urged Supreme Court to limit review of recess appointments. 04/25/2013: Obama administration petitioned Supreme ...[read more]
July 19, 2013
by Kimberly Bennett
The US Circuit Court of Appeals for the Fourth Circuit ruled Wednesday that US President Barack Obama's recess appointments of three National Labor Relations Board (NLRB) members was unconstitutional. The court concluded that the president's three January 4, 2012, appointments to the Board are ...[read more]
June 24, 2013
by Jaclyn Belczyk
The US Supreme Court agreed Monday to review the president's recess appointment power. In NLRB v. Noel Canning, the court will decide: (1) whether the president's recess-appointment power may be exercised during a recess that occurs within a session of the Senate or is instead limited to recesses... ...[read more]

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