Impact of the Court’s Ruling on Recess Appointments

WASHINGTON — The Supreme Court’s decision in N.L.R.B. v. Noel Canning invalidated the appointments of three officials to the National Labor Relations Board and curbed the president’s ability to make recess appointments. Below is a summary of the decision’s practical significance.

For the president and Congress:

· Presidents may continue to bypass the Senate to make recess appointments during some breaks in formal sessions of Congress.

· The vacancies need not arise during the recess in question.

· Appointments during breaks of nine days or fewer are generally invalid.

· But the Senate may avoid such breaks by convening in periodic pro forma sessions every few days.

For disputed labor relations cases:

· About 100 cases have been in limbo while the Supreme Court weighed the case, and many of the labor board’s decisions may be vacated by Thursday’s ruling.

· At the request of the litigants, the current labor board will have to review those cases again.

· Since the new board was confirmed by the full Senate and has a 3-to-2 Democratic majority, legal experts expect that the negated rulings will ultimately be affirmed.

Source: NYTimes.com