Supreme Court of the United States
NLRB v. Noel Canning
June 26, 2014573 U.S. 513
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.
Holding
- Scope of 'the recess'. The phrase applies to both intra-session and inter-session recesses.
- Scope of 'vacancies that may happen'. The phrase applies to vacancies that initially occur before a recess but continue during it.
- Length of recess and pro forma sessions. The Senate is in session when it says it is if it retains capacity to transact business; a 3-day recess is too short.
Docket 12-1281
Cited authorities
- 358 N. L. R. B. No. 4 (2012)
- 29 U.S.C. §160
- 29 U.S.C. §153
- 26 Cardozo L. Rev. 377
- 54 Stat. 751
- 82 S. Cal. L. Rev. 913
- 5 U.S.C. §3345
- 5 U.S.C. §5503
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