Great news from Washington – Virtually all of the commentary on today’s oral arguments in NLRB v. Noel Canning suggests that the Court is inclined to hold President Obama’s 2012 “recess appointments” to the National Labor Relations Board unconstitutional. ABC News reports that the Court is “skeptical” about the President’s arguments. And in an exclusive Federalist Society teleforum, John Elwood—Partner at Vinson & Elkins, LLP—summed the argument up saying: “The writing on the wall is in neon.”
We are cautiously optimistic here at NFIB Legal. But, there are several ways that the Court might choose interpret the Recess Appointment Clause—some of which would cabin the President’s appointment powers more than others. So, we will have to wait to see exactly how the court rules. But, at this juncture it sounds like we can expect a positive decision one way or the next.
Of course, NFIB joined with other industry groups in filing an amicus in this case because we think it has profound implications for small business. For a simple break-down of what is at stake, and why it matters to mom-and-pop shops, check out Karen Harned’s op-ed in the Daily Caller today.