NLRB Recess Appointments Ruled Unconstitutional by US Supreme Court

Document created by 1050210 on Nov 13, 2014
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Published Date: 07/07/2014


George; Ports

By George Ports


The Supreme Court of the United States ruled on June 26, 2014 in the lawsuit of National Labor Relations Board v. Noel Canning that the recess appointments of former National Labor Relations Board (NLRB) members Sharon Block, Terence F. Flynn, and Richard F. Griffin, Jr. made on January 4, 2012 were unconstitutional. This means that all decisions issued by the Board between January 4, 2012, and July 30, 2013, are void.


The US Constitution’s Recess Appointments Clause gives the President the authority to fill any existing vacancy during any recess of sufficient length. However, the Court ruled, affirming a lower court’s decision, that the appointments being challenged were invalid because they occurred during only a three-day recess, which is insufficient time to trigger the Recess Appointments Clause and that the Senate was not in recess under its own rules.


To read the court’s opinion, go to