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1 Jul 2014, 9:01 pm by Michael C. Dorf
The appointments occurred during a period when the Senate was conducting virtually no business; it was convening once every three days for a very brief pro forma session. [read post]
1 Jul 2014, 2:48 pm by Pamela Wolf
” However, in this case, three days was too short a time to trigger a recess within the scope of the Clause. [read post]
30 Jun 2014, 8:02 am by James J. La Rocca
At issue in Noel Canning was the President’s appointments of three NLRB Members on January 4, 2012 during a three-day break when the Senate was not conducting any business. [read post]
30 Jun 2014, 3:11 am by Amy Howe
  If you have or know of a recent (published in the last two or three days) article, post, or op-ed relating to the Court that you’d like us to consider for inclusion in the round-up, please send it to roundup [at] scotusblog.com. [read post]
27 Jun 2014, 9:10 am by Franck Wobst
Noel Canning, the Supreme Court unanimously ruled that President Obama exceeded his powers when he by-passed Congress and unilaterally appointed three Board members to the NLRB in January 2012. [read post]
27 Jun 2014, 8:59 am by Sabrina I. Pacifici
It is not every day that we encounter a proper case or controversy requiring interpretation of the Constitution’s structural provisions. [read post]
27 Jun 2014, 7:51 am by Thomas Hopson
Noel Canning, holding (in a unanimous opinion by Justice Breyer) that “the Recess Appointments Clause empowers the President to fill any existing vacancy during the recess—intra-session or inter-session—of sufficient length. [read post]
27 Jun 2014, 7:49 am by Trevor Burrus
And today we have an answer, divined by the I-know-it-when-I-see-it jurisprudence of Justice Breyer:  Three days is definitely too low, and ten days is probably the limit. [read post]
27 Jun 2014, 7:19 am by Alicia Bannon and David Earley
  In fact, without the use of recess appointments, the NLRB would have been without a quorum for 2,885 days since 1988 – almost eight years. [read post]
27 Jun 2014, 5:51 am
While cruising the Internet for reactions to Noel Canning (the case striking down President Obama's NLRB "recess" appointments as unconstitutional), I saw a common question/criticism: Why Obama? [read post]
27 Jun 2014, 5:00 am
And a recess that is longer than three days but shorter than ten days will, in the normal case, also be too short to necessitate a recess appointment. [read post]
26 Jun 2014, 6:46 pm
If it could  have been 50-0, it would have been. (2) Libya and the War Powers Act: The War Powers Act provides that on commencement of foreign hostilities involving American forces, the president must inform Congress, and then must withdraw forces within ninety days absent Congressional approval. [read post]