NFIB Legal Explains What the Recess Appointment Case Means for Small Business

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. 

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About Luke Wake

Luke A. Wake is a staff attorney at the NFIB Small Business Legal Center. Wake has particular expertise on environmental and land use issues, and has worked on numerous other constitutional issues and matters of importance to small business owners. He is an ardent defender of private property rights, which he believes are essential to the free enterprise system and the foundation of American liberty. As a strong advocate of individual rights and economic liberties, he has built his career defending small business interests. Since joining the NFIB Legal Center, Wake has focused on a whole host of issues, from employment law matters to regulatory compliance. In addition to serving as a resource for small business owners, Wake remains committed to the Legal Center’s pledge to ensure that the voice of small business is heard in the nation’s courts. As an appellate practitioner, Wake has focused particularly on informing the courts on matters of administrative law and on issues under the Fifth Amendment’s Takings Clause. He is also working to advance small business interests in law review articles, and was recently published in the Berkeley Journal of Law & Ecology. See R.S. Radford & Luke A. Wake, Deciphering and Extrapolating: Searching for Sense in Penn Central, 38 Ecology L.Q. 731, 746-747 (2011). Before joining the Legal Center’s team, Wake completed a prestigious two-year fellowship as an attorney in the Pacific Legal Foundation’s (PLF) College of Public Interest Law. Wake is a graduate of Case Western Reserve University School of Law in Cleveland Ohio, and is a member of the California Bar. He completed his undergraduate studies at Elon University in North Carolina in 2006 where he focused on political theory and corporate communications.
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