Last week, the Supreme Court invalidated three appointments by President Obama to the National Labor Relations Board made during a 72-hour Senate recess. In its ruling, the Court said the Senate was not out of session long enough for President Obama to exercise his authority to make appointments without Senate confirmation.
Speaking with Bloomberg BNA
in a July 1, 2014 article, Venable partner John Cooney
said, “In essence, this outcome recognizes and preserves the powers of both Branches of government…It makes future Presidents’ ability to make recess appointments a matter of negotiation with future Senates.”