N.L.R.B. v. NOEL CANNING

No. 12-1281.

134 S.Ct. 2550 (2014)

189 L.Ed.2d 538

NATIONAL LABOR RELATIONS BOARD, Petitioner v. NOEL CANNING, et al.

Supreme Court of United States.

Decided June 26, 2014.


Attorney(s) appearing for the Case

Donald B. Verrilli, Jr. , Solicitor General, for Petitioner.

Noel J. Francisco , Washington, DC, for Respondents.

Miguel Estrada , for Senate Republican Leader Mitch McConnell, et al. as amici curiae, by special leave of the Court, supporting the respondents.

Laurence Gold , of counsel, Bradley T. Raymond , James B. Coppess , Counsel of Record, Washington, DC, for Petitioner.

Gary E. Lofland , Halverson Northwest Law Group, Yakima, WA, Lily Fu Claffee , Rachel L. Brand , Steven P. Lehotsky , National Chamber Litigation Center, Inc., Noel J. Francisco , Counsel of Record, G. Roger King , James M. Burnham , Washington, DC, for Respondent Noel Canning.

Lafe E. Solomon , Acting General Counsel, Celeste J. Mattina , Deputy General Counsel, John H. Ferguson , Margery E. Lieber , Associate General Counsels, Linda Dreeben , Deputy Associate General Counsel, National Labor Relations Board, Donald B. Verrilli, Jr. , Solicitor General, Counsel of Record, Stuart F. Delery , Assistant Attorney General, Edwin S. Kneedler , Deputy Solicitor General, Beth S. Brinkmann , Deputy Assistant Attorney General, Curtis E. Gannon , Assistant to the Solicitor General, Douglas N. Letter , Scott R. McIntosh , Melissa N. Patterson , Benjamin M. Shultz , Attorneys, Department of Justice, Washington, DC, for Petitioner.


Justice BREYER delivered the opinion of the Court.

Ordinarily the President must obtain "the Advice and Consent of the Senate" before appointing an "Office[r] of the United States." U.S. Const., Art. II, § 2, cl. 2. But the Recess Appointments Clause creates an exception. It gives the President alone the power "to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session...

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