Nat'l Labor Relations Bd. v. Canning
Supreme Court of the United States
1Opinion of the Court 1
Respondent Noel Canning, a Pepsi-Cola distributor, asked the D.C. Circuit to set aside an order of the National Labor Relations Board, claiming that the Board lacked a quorum because three of the five Board members had been invalidly appointed. The nominations of the three members in question were pending in the Senate when it passed a December 17, 2011, resolution providing for a series of " pro forma session[s]," with "no business ... transacted," every Tuesday and Friday through January 20, 2012. S. J., 112th Cong., 1st Sess., 923. Invoking the Recess Appointments Clause-which gives the…
Also in this document: Opinion of the Court · Breyer; Concurring in the judgment.
2Cases cited41 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
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- Mistretta v. United StatesSupreme Court of the United States · 1989
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