NLRB to Challenge Decision Striking Down Obama's 'Recess' Appointments

By Craig Bannister | March 12, 2013 | 6:17pm EDT

(NLRB) announced today that it is appealing the U.S. Court of Appeals for the District of Columbia Circuit's decision to strike down Pres. Obama's controversial purported "recess appointments" to the Board.

U.S. Chamber President and CEO, Thomas J. Donohue says he welcomes the Supreme Court's review:

"I am pleased that today the government announced that it will seek U.S. Supreme Court review of the recess appointments case we briefed and argued on behalf of our member, the Noel Canning Corporation, in the D.C. Circuit. The government's decision to seek Supreme Court review is an important step toward resolving the tremendous uncertainty created by the controversial recess appointments."

The U.S. Chamber stood by its member, the Noel Canning Corporation, to brief, argue, and win the D.C. Circuit case. The Chamber says it will continue to stand by its member as the case proceeds through the U.S. Supreme Court.

Patrick Semmens, Vice President of the National Right to Work Foundation, reacted by voicing hope a Supreme Court decision upholding the decision will help "rein in the out-of-control NRLB":

"We believe the DC circuit was correct when it ruled that President Obama violated the constitution when he 'recess appointed' these NLRB members while Congress was still in session. We hope the Supreme Court will take this opportunity to rein in the out-of-control NLRB and restore the balance of power the constitution intended."

"The court relied heavily on the Foundation's amicus brief in its decision and the Foundation is representing employees in numerous challenges to the NLRB 'recess appointments' in cases across the country."

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