Supreme Court of the United States

NLRB v. Noel Canning

June 26, 2014

Summary

The Supreme Court held that the Recess Appointments Clause empowers the President to fill any existing vacancy during any recess of sufficient length, whether intra-session or inter-session. However, the Court ruled that the Senate was in session during its pro forma sessions and that the 3-day recess between them was too short to trigger the Clause, leading to affirmation of the D.C. Circuit's judgment.