Some time ago, President Obama made some recess appointments under the Constitutional provision (Art. II, Sec. 2, clause 3) that:
And at the time, I thought nothing could really be done about it, that even though it was a misuse of the recess appointment clause, there was no way to challenge it. Well, I've been surprised. Yesterday I read an article entitled “GOP senators sue Obama over sham labor board nominees.” And it seems that Noel Canning, a family-owned business in Washington State that bottles and distributes soft drinks, is challenging the National Labor Relations Board’s determination that it must enter into a collective bargaining agreement with a labor union on the basis that members of the NLRB were illegally appointed in that way. And this lawsuit has been joined by the Republican leadership of the Senate.
I had thought such a suit would founder because nobody might have standing to sue. But perhaps I was wrong. Let us see what the courts say here.
The 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.
And at the time, I thought nothing could really be done about it, that even though it was a misuse of the recess appointment clause, there was no way to challenge it. Well, I've been surprised. Yesterday I read an article entitled “GOP senators sue Obama over sham labor board nominees.” And it seems that Noel Canning, a family-owned business in Washington State that bottles and distributes soft drinks, is challenging the National Labor Relations Board’s determination that it must enter into a collective bargaining agreement with a labor union on the basis that members of the NLRB were illegally appointed in that way. And this lawsuit has been joined by the Republican leadership of the Senate.
I had thought such a suit would founder because nobody might have standing to sue. But perhaps I was wrong. Let us see what the courts say here.
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