National Labor Relations Board v. Noel Canning

U.S. Supreme Court

Question(s) Presented

The Recess Appointments Clause of the Constitution provides that “[t]he President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions, which shall expire at the End of their next Session.” Art. II, § 2, Cl. 3.  The questions presented are as follows:

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.

3.  Whether the President’s recess-appointment power may be exercised when the Senate is convening every three days in pro forma sessions.

Tab Group

Procedural History

U.S. Supreme Court Briefing (reverse chronological order)

Merits Stage

Certiorari Stage

 

D.C. Circuit Court Briefing (reverse chronological order)

Judges in this case: Sentelle, Chief Judge; Henderson and Griffith, Circuit Judges.

Case Documents