The Big Impact from Nixed Recess Appointments: Supreme Court’s Rejection of President Obama’s NLRB Picks Could Upset Hundreds of Decisions.

The U.S. Supreme Court last month decided the Noel Canning case, unanimously holding that President Obama’s proposed recess appointments of Terrence Flynn, Sharon Block and Richard Griffin to be members of the National Labor Relations Board (Board) were unconstitutional.

Two for One: Noel Canning and D.R. Horton Continue to Generate Waves at the NLRB

In case you were hoping that the Supreme Court’s recent decision in Noel Canning would finally put to bed any questions regarding President Obama’s recess appointments to the NLRB, or that the Fifth Circuit’s rejection of the Board’s decision in  D.R. Horton might alter the NLRB’s position on   the right of employers to require employees to abide by mandatory arbitration agreements , think again.

Supreme Court Finds President’s NLRB “Recess” Appointments Unconstitutional

Supreme Court Finds President’s NLRB “Recess” Appointments Unconstitutional

On June 26, 2014, in NLRB v. Noel Canning, the Supreme Court of the United States unanimously decided that President Obama’s purported “recess” appointments of National Labor Relations Board members on January 4, 2012 violated the Constitution because the Senate was not on a break of “sufficient length” when the President appointed them, and thus the President could not dispense with Senate consent of the appointments.

Hensarling and CFPB Disagree On Impact of Supreme Court’s Canning Decision

By | CFPB Monitor | June 30, 2014
Hensarling and CFPB Disagree On Impact of Supreme Court’s Canning Decision

It should be no surprise that the CFPB and Republican Congressman Jeb Hensarling, who chairs the House Financial Services Committee, have different perspectives on the U.S. Supreme Court’s ruling last week that President Obama exceeded his Constitutional recess appointment authority when he filled three vacancies on the National Labor Relations Board in January 2012 . 

U.S. Supreme Court Declares President Obama’s NLRB Recess Appointments Unconstitutional

U.S. Supreme Court Declares President Obama’s NLRB Recess Appointments Unconstitutional

On June 26, 2014, the U.S. Supreme Court affirmed the decision issued by the U.S. Court of Appeals for the District of Columbia Circuit that President Obama’s recess appointments to the National Labor Relations Board (“NLRB”) on January 4, 2012, were unconstitutional.