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NLRB v. NOEL CANNING

Docket No.: 12-1281
Argued: January 13, 2014

Topics:

20th Amendment, ADA, Appointments Clause, Article I, Commerce Clause, Due Process, Interstate Commerce Clause, Presentment Clause, Twentieth Amendment, separation of powers

PartyNames: National Labor Relations Board v. Noel Canning, et al.
Petitioner: National Labor Relations Board
Respondent: Noel Canning, et al.

Court Below: United States Court of Appeals for the District of Columbia Circuit
Citation: 705 F.3d 490
Supreme Court Docket

National Labor Relations Board
v.
Noel Canning, et al.
Background:

The Recess Appointments Clause of the Constitution provides that "[t]he President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session." Art. II, ยง 2, C1. 3.

Question Presented:

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 enumerated sessions of the Senate. 2. Whether the President's recess-appointment power may be exercised to fill vacancies that exist during a recess, or is instead limited to vacancies that first arose during that recess.

NLRB v. NOEL CANNING
ORAL ARGUMENT

January 13, 2014

Listen to Oral Argument in NLRB v. NOEL CANNING
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