Wednesday, March 13, 2013

SCOTUS showdown over NLRB recess appointments

Unless the US Supreme Court declines the hear the appeal, there could be another landmark SCOTUS hearing coming.

From the Washington Times:
President Obama will elevate the controversy over his recess appointment powers to the highest level.

The National Labor Relations Board on Tuesday said it will ask the Supreme Court to overturn a lower-court ruling that said Mr. Obama overstepped the Constitution, a decision that was a major legal setback for Mr. Obama.

If the justices uphold the January ruling, it could all but eliminate future presidents’ recess powers. Also at stake are dozens of major rulings by the NLRB, which could have to be revisited if the president’s three recess appointees are determined to be invalid.

NLRB could have appealed the lower-court ruling to the full D.C. Circuit Court of Appeals, but instead went straight to the Supreme Court for a final answer.

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