Law | Politics

Supreme Court hears suit over Obama nominees to NLRB

Tuesday, January 14, 2014

The U.S. Supreme Court on Monday heard arguments in National Labor Relations Board v. Noel Canning, a dispute involving President Barack Obama and his nominees to the National Labor Relations Board.

According to news reports, the justices questioned whether Obama's recess appointments were constitutional. If they rule against the president, hundreds of NLRB rulings could be overturned because they were made without enough validly-seated members.

The Little River Band of Ottawa Indians in Michigan might be affected. The NLRB asserted jurisdiction on the reservation but that decision was made in March 2013, when two out of the three members were installed by recess appointment.

Three months later, the NLRB asserted jurisdiction over the Chickasaw Nation of Oklahoma. Again, two out of the three members were installed by recess appointment.

Both tribes are litigating in federal court. Turtle Talk has posted documents from Little River Band v. NLRB and Chickasaw Nation v. NLRB.

Get the Story:
Supreme Court questions Obama’s recess appointment power (The Washington Post 1/14)
Supreme Court case has big implications for National Labor Relations Board (The Washington Post 1/14)
Justices Cite History as They Voice Doubts on Obama’s Recess Appointments (The New York Times 1/14)

DC Circuit Decision:
Noel Canning v. NLRB (January 25, 2013)