Labor/Employment
Jul. 4, 2014
Noel Canning is a microcosm of divided government
The decision highlights a trend among the Roberts court where there is frequently unanimity without consensus. By Scott J. Witlin
Scott J. Witlin
Partner
Barnes & Thornburg LLP
Phone: (310) 284-3880
Email: scott.witlin@btlaw.com
Scott is the administrator for the firm's Labor & Employment Department, and a member of its Entertainment, Media and Sports Practice Group.
When the U.S. Supreme Court unanimously struck down President Barack Obama's controversial 2012 recess appointments to the National Labor Relations Board, NLRB v. Noel Canning, 2014 DJDAR 8373 (June 26, 2014), the court did so on one of the narrowest grounds relied upon by the U.S. Court of Appeals for the D. C. Circuit in its decision below. Noel Canning v. NLRB, 705 F.3d 490 (2013). While all the justices agreed that Obama had overstepped the constitutional bounds of his au...
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