Yesterday, the Supreme Court heard arguments in NLRB v. Noel Canning to decide whether the president’s power to make recess appointments can be exercised:
- during a recess that occurs within a session of the Senate OR is limited to recesses that occur between enumerated sessions of the Senate
- to fill any vacancy that exists during a recess OR is limited to those that arise during the recess
Last January, the U.S. Court of Appeals for the District of Columbia Circuit held that three appointments to the National Labor Relations Board by President Obama were unconstitutional. The government appeals that decision.
For a review of the argument, see this SCOTUSblog post.