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President Obama's recess appointments to a federal agency– made without Senate confirmation– will be reviewed by the Supreme Court on Monday. It's a rare intersection of all three branches of the federal government and a major constitutional test of executive power.
At issue is whether three people named to the National Labor Relations Board lack authority because the presidential appointments were made while the Senate was technically in a "pro forma" session during the 2011-12 winter holiday break.
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The lawsuit was brought by Noel Canning, a family-owned Yakima, Washington, bottling company, which complained the NLRB unfairly ruled in favor of Teamsters Local 760 during contract negotiations. Company executives said the board lacked a binding quorum because the recess appointments made by Obama were not legal.
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This is another high-stakes case for SCOTUS and the President. How will it turn out? Will Chief Justice Roberts save obama again?
It's more than just the NLRB's decisions which are at stake here; it's the powers of the President and Congress. Can the President bypass Congress? obama has, time and again. Hopefully SCOTUS and Chief Justice Roberts will bring that to a halt.
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