On January 13, 2014, the Supreme Court heard oral argument in National Labor Relations Board v. Noel Canning. This case presents three questions. One, it asks whether the President can exercise the recess appointment power during a temporary recess that occurs while the Senate is still in session, or is instead limited to recesses between enumerated sessions. Two, the case asks whether the President may exercise the recess appointment power to fill any vacancy that exists during a recess--including vacancies that arose before the recess occurred--or whether that power is limited to vacancies that arise during the recess. Finally, the case asks whether the President may exercise the recess appointment power while the Senate, though effectively out of town, continues to convene every three days in brief pro forma sessions.
To discuss the case, we have John Elwood, a partner at Vinson Elkins.
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