National Labor Relations Board v. Noel Canning
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.
U.S. Supreme Court Briefing (reverse chronological order)
- Decided 6/26/2014.
- Argued 1/13/2014.
- Petitioner NLRB's reply brief filed 12/18/2013.
- Reply brief of Charging Party/D.C. Circuit Intervenor/Respondent Teamsters filed 12/2013.
- 25 merits amici curiae briefs in support of respondent filed 11/25/2013 by
- American Civil Rights Union
- Atlantic Legal and Justice Foundation
- Bulger et al
- Cato Institute
- Citizens United
- Coalition for a Democratic Workplace et al
- Constitutional Law Scholars
- Council on Labor Law Equality
- Daycon Products Company, Inc.,
- ILWU Union
- Independence Institute
- Judicial Watch
- Landmark Legal Foundation
- Mountain States Legal Foundation
- National Federation of Independent Business
- National Right to Work
- Originalist Scholars
- Political Scientists and Historians
- Professor Tuan Samahon
- Senate Parlimentary Experts Robert B. Dove and Martin B. Gold
- U.S. Senate Republicans
- Southeastern Legal Foundation
- Speaker of the House John Boehner
- State National Bank of Big Spring & CEI, et al
- Alabama & 16 States
- Respondent Noel Canning's response brief filed by U.S. Chamber Litigation Center, et al. 11/18/2013.
- 3 merits amici curiae briefs in support of petitioner filed 9/2013 by
- Brief of Charging Party/D.C. Circuit Intervenor/Respondent Teamsters in support of petitioner filed 9/2013.
- Opening merits brief for Petitioner NLRB filed 9/13/2013.
- Cert. granted 6/24/2013.
- Petitioner NLRB reply brief filed on 6/6/2013.
- Four amici curiae briefs in support of certiorari filed 5/28/2013 by
- Brief of Charging Party/D.C. Circuit Intervenor Int'l Brotherhood of Teamsters in support of certiorari filed 5/2013.
- Respondent Noel Canning's response brief in support of certiorari filed by U.S. Chamber Litigation Center 5/23/2013.
- Petitioner NLRB's certiorari petition filed 4/25/2013.
D.C. Circuit Court Briefing (reverse chronological order)
- D.C. Circuit decision issued 1/25/2013.
- Amicus curiae brief of Professor Victor Williams in support of NLRB filed 11/2/2012.
- Intervenor Teamsters brief filed 12/5/2012.
- Petitioner Noel Canning and Intervenor U.S. Chamber reply brief filed 11/20/2012.
- Respondent NLRB answering brief filed 10/26/2012.
- Petitioner Noel Canning and Intervenor U.S. Chamber motion to consolidate oral argument filed 10/11/2012.
- 3 amici curiae briefs in support of Noel Canning filed by U.S. Senators, Speaker of the House John Boehner, and Landmark Legal Foundation 9/26/2012.
- Opening brief of petitioner Noel Canning and intervenor U.S. Chamber filed 9/19/2012.
- Court response to intervention motion issued 6/21/2012.
- U.S. Chamber's reply to NLRB's opposition to intervention filed 4/23/2012.
- NLRB opposition to U.S. Chamber's motion to intervene filed 4/5/2012.
- Motion of NRTW to intervene filed 3/23/2012.
- Motion of Int'l Brotherhood of Teamsters to intervene filed 3/21/2012.
- Motion of U.S. Chamber to intervene filed 3/15/2012.
- Noel Canning's petition for review of NLRB decision 2/24/2012.
- NLRB decision against Noel Canning 2/8/2012.
Judges in this case: Sentelle, Chief Judge; Henderson and Griffith, Circuit Judges.