April 19, 2014

Debate Continues Over President's NLRB Recess Appointments

Several media outlets and political pundits are weighing in on the ongoing legal battle over President Obama's recess appointments to the National Labor Relations Board.  Our prior reports on this topic can be found here.

On one side, the Wall Street Journal editorial board opined that President Obama “is exceeding his constitutional authority” with the appointments. They argue that following the President's logic would mean he “could presumably make recess appointments every weekend, or during lunch.” The editorial concludes that the recess appointments were a "power grab" and should be overturned in court. The full editorial can befound here.

A contrary opinion is penned for the Huffington Post by Victor Williams, Clinical Assistant Professor, Catholic University of America School of Law. Williams writes that the appointments were made during a twenty-one day Senate break when “the Senate conducted no business and considered no communications from the president.” He argues the "the seconds-long pro forma sessions held every three days were embarrassing faux sessions lacking legal or constitutional significance."  His full post can be found here.

With several cases pending on this issue, the courts of appeal around the country will begin to weigh in this topic in the coming weeks.


About the Author

John Koenig, Labor and Employment Attorney, Barnes Thornburg, Law Firm

John T.L. Koenig is a partner in the Atlanta office of Barnes & Thornburg LLP within the Labor and Employment Law Department. He maintains a full-service practice representing employers throughout the country in virtually all aspects of both traditional labor and employment law.


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