The Recess Appointment Power After Noel Canning v. NLRB

by Sabrina I. Pacifici on April 9, 2013

The Recess Appointment Power After Noel Canning v. NLRB: Constitutional Implications. Todd Garvey, Legislative Attorney, David H. Carpenter, Legislative Attorney – March 27, 2013

  • “Under the Appointments Clause, the President is empowered to nominate and appoint principal officers of the United States, but only with the advice and consent of the Senate. In addition to this general appointment authority, the Recess Appointments Clause permits the President to make temporary appointments, without Senate approval, during periods in which the Senate is not in session. On January 4, 2012, while the Senate was holding periodic “pro forma” sessions, President Obama invoked his recess appointment power and unilaterally appointed Richard
    Cordray as Director of the Consumer Financial Protection Bureau (CFPB) and Terrence F. Flynn, Sharon Block, and Richard F. Griffin Jr. as Members of the National Labor Relations Board (NLRB).”
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