Legal Opinion
National Labor Relations Board v. New Vista Nursing & Rehabilitation
Court of Appeals for the Third Circuit
Decided May 16, 2013No. 11-3440, 12-1027, 12-1936PublishedCited by 30 opinions
1Opinion of the Court
OPINION
SMITH, Circuit Judge.
The Recess Appointments Clause in the Constitution provides that “[t]he President shall have 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.” U.S. Const, art. II, § 2, cl. 3. The central question in this case is the meaning of “the Recess of the Senate,” which is the only time in which the president may use his power to recess appoint officers. Three definitions have been offered: (1) breaks between sessions of the Senate *208(i.e., “intersession breaks”); (2)…
2Cases cited68 opinions
- Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
- Baker v. CarrSupreme Court of the United States · 1962
- Marbury v. MadisonSupreme Court of the United States · 1803
63 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- D.R. Horton, Inc. v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 2013
- National Labor Relations Board v. RELCO Locomotives, Inc.Court of Appeals for the Eighth Circuit · 2013
- Teva Pharm. USA, Inc. v. SandhuDistrict Court, E.D. Pennsylvania · 2018
- Advanced Disposal Services East, Inc. v. National Labor Relations BoardCourt of Appeals for the Third Circuit · 2016
- 1621 Route 22 West Operating Co. v. National Labor Relations BoardCourt of Appeals for the Third Circuit · 2016
25 more not listed; retrieve them via the Exa API.