Comment and reaction abound following yesterday’s ruling in Noel Canning, invalidating the President’s efforts to appoint three members to the National Labor Relations Board in January 2012.
The President’s press secretary Jay Carney criticized the ruling, echoed the NLRB’s Chairman’s vow to press on with the business of the Board, and sought to isolate the decision’s impact:
Not surprisingly, Congressional Republicans, on the other hand, who had filed amicus briefs in the case, praised the ruling. Senate Minority Leader Sen. Mitch McConnell (R-KY) issued a statement asserting:
The D.C. Circuit Court today reaffirmed that the Constitution is not an inconvenience but the law of the land, agreeing with the owners of a family-owned business who brought the case to the Court…
House Speaker Rep. John Boehner (R-OH), and House Education & the Workforce Committee Chair Rep. John Kline (R-MN) and Committee Member Rep. Phil Roe (R-TN) joined in expressing approval.
AFL-CIO President Richard Trumka reiterated much of the White House’s critique, adding:
We strongly disagree with the court’s reasoning and decision. We fully expect this radical decision to be reversed, and that other courts addressing this issue will uphold the President’s recess appointment authority. In the meantime, the appointees to the National Labor Relations Board remain in their jobs and the NLRB remains open for business.
The rights protected by this agency are too important for the agency to have to operate under a legal cloud. We urge the Senate to promptly confirm a package of nominees to the NLRB.
More commentary and coverage:
- "Federal Appeals Court Rules Obama Recess Appointments to Labor Board are Unconstitutional" — Washington Post
- "White House Blasts Recess Appointments Ruling" — Politico
- "Court Throws Out Illegal NLRB Recess Appointments" — Coalition for Democratic Workplace
- "Today’s NLRB Decision Casts a Shadow Over the CFPB" — Point of Law
- "Democrats Reap the Fruits of Filibuster Fecklessness at the D.C. Circuit" — The Atlantic