WASHINGTON – The U.S. Supreme Court on Monday, in a classic clash between the Constitution’s text and presidential tradition, struggled with which of the two should prevail in a challenge to President Obama’s recess appointments to the National Labor Relations Board.
National Labor Relations Board v. Noel Canning, 12-1281, is, surprisingly, the first time the high court has examined the meaning and scope of the recess-appointments clause in the Constitution. That clause states: “The 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.”
