New Process Steel, L. P. v. National Labor Relations Board

*689Justice Kennedy,

with whom Justice Ginsburg, Justice Breyer, and Justice Sotomayor join, dissenting.

As of the day this ease was argued before the Court, the National Labor Relations Board (Board), constituted as a five-member board, had operated with but two members for more than 26 months. That state of affairs, to say the least, was not ideal. This may be an underlying reason for the Court’s conclusion. Despite the fact that the statute’s plain terms permit a two-member quorum of a properly designated three-member group to issue orders, the Court holds that the two-member quorum lost all…