By Edwin S. Hopson
The U.S. Supreme Court has set oral arguments in NLRB v. Noel Canning for January 13, 2014. This case, involving the recess appointment of three members to the National Labor Relations Board in early January 2102 by President Obama, has several issues to be resolved, as specified by the High Court:
“1. Whether the President's recess-appointment power may be exercised during a recess that occurs within a session of the Senate, or is instead limited to recesses that occur between enumerated sessions of the Senate.”
“2. Whether the President's recess-appointment power may be exercised to fill vacancies that exist during a recess, or is instead limited to vacancies that first arose during that recess.”
The Court also stated: “In addition to the questions presented by the Petition, the parties are directed to brief and argue the following question: whether the President’s recess appointment power may be exercised when the Senate is convening every three days in pro forma sessions.”