News & Analysis as of

Nominations Recess Appointments

Laner Muchin, Ltd.

President Withdraws Nominations Of NLRB Members That Are The Subject Of The Noel Canning Case, But Impact Of Withdrawals Uncertain

Laner Muchin, Ltd. on

Last week, as part of an agreement between Senate Democrats and Republicans to avoid the "nuclear option" of eliminating the filibuster for executive branch nominations, President Obama agreed to withdraw the pending...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Agreement Not To Filibuster Nominations For Secretary Of Labor And NLRB Avoids “Nuclear Option” In The Senate, But Poses “Time...

Yesterday, the U.S. Senate avoided the “nuclear option” on pending nominations for Secretary of Labor-Designate Thomas Perez and for a package of nominees to the National Labor Relations Board (NLRB). ...more

Fisher Phillips

Nuclear Stand Down: Senate Compromise Paves Way for Full Complement of Pro-Labor Controlled NLRB

Fisher Phillips on

A bold threat by Senate Majority Leader Harry Reid (D-Nev.) to change Senate filibuster rules to reduce the number of votes necessary to approve Executive branch nominees – the so-called “nuclear option” – helped to ensure...more

Mintz - Energy & Sustainability Viewpoints

The House Takes Action on Energy Legislation, and Senate Leader Forces Vote on Presidential Nominations – ML Strategies Weekly...

The House took the lead on energy issues last week. On Wednesday, the House approved H.R. 2609, the FY14 Energy and Water Appropriations bill; the package includes $30.4 billion in funding, including $24.6 billion for the...more

Proskauer - Labor Relations

Let’s Make a Deal!

Reportedly there is a tentative deal between Republicans and Democrats in the U.S. Senate which will avoid the so-called “nuclear option” of eliminating filibusters of certain Presidential nominations....more

Ballard Spahr LLP

Senate votes in favor of cloture for confirmation of Richard Cordray as Director of the CFPB

Ballard Spahr LLP on

The Senate voted 71-29 in favor of cloture. That means that the Republicans will not use the threat of the filibuster to block a confirmation vote in the Senate of Richard Cordray’s nomination by President Obama to be...more

Morrison & Foerster LLP

Further Setback for the CFPB Director’s Authority?

A split panel of the U.S. Court of Appeals for the Third Circuit issued a decision yesterday holding that a “recess” appointment to the National Labor Relations Board (NLRB) was unconstitutional and invalid. NLRB v. New Vista...more

Hinshaw & Culbertson LLP

President Obama To Abandon Recess Appointees to the NLRB

The drama surrounding President Barack Obama’s recess appointments to the National Labor Relations Board (“NLRB”) took an unexpected twist this week as the President announced his intention to nominate three new members....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Obama’s NLRB Package of Nominees Unlikely to be Confirmed

On April 9, 2013, President Obama announced his intention to nominate three members to the National Labor Relations Board (NLRB), renominating current Democratic NLRB Chairman Mark Gaston Pearce, whose term expires on August...more

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