Canning v. National Labor Relations Board

Obama NLRB Recess Appointments Unconstitutional (Text Copy)

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Full text copy of the District of Columbia Court of Appeals ruling in Canning v. National Labor Relations Board, which found President Obama’s recess appointments of three members to the NLRB in January 2012 to be unconstitutional.

From the Wall Street Journal Law Blog:

“A federal appeals court ruled that President Obama violated the Constitution when he bypassed the Senate to fill vacancies on a labor-relations panel. The unanimous decision is a setback for the president, who made the appointments after Senate Republicans spent months blocking his choices for an agency they contended was biased in favor of unions.

The Obama administration is expected to appeal the decision to the U.S. Supreme Court, but if it stands, it means hundreds of decisions issued by the board over more than a year are invalid.”

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Topics:  Barack Obama, Canning v NLRB, NLRB, Pro Forma Sessions, Recess Appointments

Published In: Administrative Agency Updates, Business Organization Updates, Constitutional Law Updates, Elections & Politics Updates, Labor & Employment Updates

Reference Info:Decision | Federal, D.C. Circuit, D.C. | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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