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January 2013


D.C. US Court of Appeals Labors Over Recess Appointments


Today, the United States Court of Appeals for the District of Columbia struck down a National Labor Relations Board ("Board") decision on the basis that the Board issuing the decision could not act lawfully, as it did not have the required quorum. If upheld, it could invalidate over a hundred Board decisions. In addition, it could prevent the Board from issuing other decisions until it has a properly appointed quorum. The decision would also call into question other recess appointments, including that of Richard Cordray to the Consumer Financial Protection Bureau.

At the heart of the Court's decision is its determination that the recess appointments of three members of the five-member Board were unconstitutional and therefore invalid. Petitioner v. National Labor Relations Board, 2013 U.S. App. LEXIS 1659 (January 25, 2013)

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