The Future of Recess Appointments in Light of Noel Canning v NLRB

Bloomberg BNA Daily Report for Executives B1-B5

Ohio State Public Law Working Paper No. 219

6 Pages Posted: 25 Jun 2013  

Peter M. Shane

Ohio State University (OSU) - Michael E. Moritz College of Law

Date Written: May 14, 2013

Abstract

The D.C. Circuit opinion invalidating President Obama's 2012 recess appointments of three NLRB commissioners reaches issues it did not have to reach, and resolves them through a textual analysis that is both unpersuasive on its own terms and oblivious to the force of institutional custom and history in interpreting the Constitution. If upheld, the opinion could have terrible consequences for public administration and promote a further breakdown in norms of interbranch comity on which the separation of powers depends.

Keywords: recess appointments, president, Congress, Obama, NLRB, separation of powers, constitutional interpretation

Suggested Citation

Shane, Peter M., The Future of Recess Appointments in Light of Noel Canning v NLRB (May 14, 2013). Bloomberg BNA Daily Report for Executives B1-B5; Ohio State Public Law Working Paper No. 219. Available at SSRN: https://ssrn.com/abstract=2284333 or http://dx.doi.org/10.2139/ssrn.2284333

Peter M. Shane (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

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