National Labor Relations Board begs Supreme Court for a miracle.

Because they’re going to need one:

Today, the National Labor Relations Board (NLRB) announced it will seek U.S. Supreme Court review of the D.C. Circuit’s decision invalidating the President’s recess appointments to the NLRB. In January, the court ruled that the three “recess” appointments to the NLRB are invalid because they exceeded the scope of the President’s authority under the Recess Appointments Clause of the U.S. Constitution. The NLRB’s petition will be due by April 25, 2013.

The really short version is that the NLRB is currently facing a scenario where every single one of its decisions that were reached after Obama’s invalid recess appointments can be overthrown just as soon as any particular loser of said decisions can get it into court.  For that matter, as the rule stands now the courts have more or less invalidated the current system of recess appointments entirely; which ruling is a disaster for the executive branch, and one that the NLRB really, really needs the Supreme Court to overturn.

Which is why they’re going to court.  At this point simply getting the recess appointment thing turned back on again would be a bit of a win.  If you define ‘win’ nicely, or at least non-judgmentally.

Moe Lane



4 thoughts on “National Labor Relations Board begs Supreme Court for a miracle.”

  1. Two things to be noted. First, absent a definitive act, or more likely a series of definitive acts; Chief Justice Roberts must be assumed by his past actions to be Obama’s Creature. With all that implies for the voting balance of the Court.

    Secondly, the NLRB itself has directly defied the DC Circuit Court ruling, and continues to act as if it never happened. And this is in the absence of a stay pending appeal.

    What indication is there that even if the Supreme Court rules against Obama, that it will have any affect?

    Subotai Bahadur

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