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In its new term, the Supreme Court of the United States will consider National Labor Relations Board v. Noel Canning, a challenge to President Barack Obama’s January 4, 2012, recess appointments to fill three National Labor Relations Board (NLRB) vacancies. At the time of these appointments, every three days, the Senate was conducting pro forma sessions during which no business is ordinarily conducted.
President Donald Trump expressed frustration Wednesday that the Senate has not confirmed his pending nominees to various posts. “The current practice of leaving town while conducting phony pro forma sessions is a dereliction of duty that the American people cannot afford during this crisis,” Trump told reporters.
The Supreme Court of the United States begins its next term on October 7, 2013. The 2012 term was marked by a series of high-profile civil rights cases: a challenge to the Voting Rights Act coverage formula, a case dealing with racial preferences in higher education, Arizona’s proof of citizenship voter registration requirement, and, of course, the long-awaited same-sex marriage cases. With a number of cases involving the Fourth Amendment, from drug-sniffing dogs to warrantless blood tests, the Court did little to clarify the murky waters of Fourth Amendment jurisprudence.
I’m very grateful for the opportunity to speak about the Recess Appointments Clause today. In the small town of Alpine, Utah, where I live, we speak of little else. It is of great interest to those of us who watch the Supreme Court to see this case get teed up.