According to multiple news outlets, a decision in NLRB v. Noel Canning is expected this month as the Supreme Court’s current term comes to an end on June 30. In Noel Canning the Court of Appeals for the District of Columbia Circuit held that President Obama’s intrasession recess-appointments to the National Labor Relations Board were unconstitutional because they were made without the advice and consent of the Senate. Under the court’s ruling, the president can only make recess appointments when the Senate is in recess between sessions of Congress, and only if a vacancy has occurred in that same time period. The Third and Fourth Circuits subsequently joined the D.C. Circuit in invalidating the recess appointments to the NLRB. The Supreme Court heard oral arguments on June 13, 2014.
Additional details regarding Noel Canning and the timing of the decision can be found here:
- “Junior Varsity Politics: SCOTUS Finalizes NLRB v. Noel Canning” – Huffington Post
- “Seven Big Cases the Supreme Court Will Decide in June that Could Change America” – ThinkProgress
- “What We Can Expect from the Supreme Court in the Next Month” – Cato Institute