Monday Morning Regulatory Review – 5/13/13
This week a sprinkling of interesting events flavors administrative law. Recess appointments litigation may get closer to sweetening the United States Supreme Court (SCOTUS) calendar. Full Story
Canning v. NLRB
The S.G.’s Cert. Petition in Noel Canning; No Opposition Will Be Filed
As reported in last week’s news flash, the Solicitor General (S.G.), as expected, has, on behalf of the NLRB, filed in the Supreme Court a petition for a writ of certiorari to the D.C. Circuit in the Noel Canning case. Full Story
When is a Recess Really a Recess? Writing the Next Chapter of the Noel Canning Saga
As you read here last week, the National Labor Relations Board has asked the Supreme Court to review the decision in Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013). Full Story
Monday Morning Regulatory Review – 4/29/13
Busy and long today: The Department of Health and Human Services (HHS) submitted to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), a hospital disproportionate share payment reduction proposed rule. Full Story
U.S. Seeks Supreme Court Review of Noel Canning V. NLRB in an Effort to Rehabilitate Recess Appointments to NLRB (and CFPB)
We’ve previously written about the D.C. Circuit’s decision in Noel Canning v. NLRB, which held that President Obama’s three recess appointments in 2012 to the National Labor Relations Board (NLRB) are unconstitutional. Full Story
NEWS FLASH: Government Seeks Supreme Court Review of D.C. Circuit’s Noel Canning Decision
A petition for certiorari seeking review of the D.C. Circuit’s January 2013 decision in Noel Canning vs. NLRB has been filed in the U.S. Supreme Court. Full Story
Noel Canning: Congress Enters the NLRB Fray
The NLRB’s petition to the United States Supreme Court for review of Noel Canning is due April 25. The Supreme Court will be the most important battleground for resolution of the question whether President Barack Obama’s recess appointments of NLRB Members Sharon Block, Richard Griffin and former-Member Terence F. Flynn were constitutional. Full Story
Cordray As Director of CFPB? Not in This House Committee.
Once upon a time, the legislative branch of the federal government jealously guarded its constitutional prerogatives. Full Story
U.S. House of Representatives Passes Bill That Would Temporarily Strip the National Labor Relations Board of the Authority to Act
Will Congress shut down the National Labor Relations Board? In a narrow, 219 – 209 vote this past Friday, the United States House of Representatives passed a bill that would strip the National Labor Relations Board (“Board”) of the authority to take any substantive action until the Supreme Court decides Noel Canning v. NLRB, 2013 WL 276024, (D.C. Cir. 2013) Full Story
Noel Canning Update: NLRB Fights Back
NLRB authority is being challenged on several fronts following Noel Canning (for details on this decision, see RECESS APPOINTMENTS AT NLRB UNCONSTITUTIONAL, FEDERAL APPEALS COURT RULES. Full Story
