Full U.S. Supreme Court rejects application challenging NLRB recess appointments


On Tuesday, we reported that attorneys for a Connecticut nursing home company were attempting to have an emergency application challenging the constitutionality of President Obama’s recess appointments to the National Labor Relations Board referred to Justice Scalia after it was rejected by Justice Ginsburg.

Yesterday, the emergency application in HealthBridge Management v. Kreisberg was denied by the full U.S. Supreme Court (with Justice Alito not participating). After the application was presented to him, Justice Scalia referred it to the full Court. It has been reported that Justice Alito did not participate because his sister was one of the attorneys representing the applicant.

The denial of the application suggests that the Supreme Court is not willing to jump into the recess appointment fray before it is presented with a certiorari petition in Canning v. NLRB or another appellate court decision ruling on the validity of the appointments.


Topics:  Barack Obama, Canning v NLRB, CFPB, HealthBridge Management v. Kreisberg, NLRB, Nursing Homes, Political Appointments, Recess Appointments, SCOTUS

Published In: Constitutional Law Updates, Elections & Politics Updates, Health Updates, Labor & Employment Updates

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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