The Future of Recess Appointments in Light of Noel Canning v NLRB
Bloomberg BNA Daily Report for Executives B1-B5
6 Pages Posted: 25 Jun 2013
Date Written: May 14, 2013
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: Suggested Citation