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New Recess Appointments Case Roils NLRB and CFTC

By James Ching
February 26, 2013

On Jan. 25, the DC Circuit issued an opinion, Noel Canning v. NLRB, No. 12-1153, slip. op. (DC Cir. 1/25/13), which stated that the Senate's current practice of never going into recess and instead being in recess pro forma until the next session barred the President from making recess appointments simply because no recess ever existed.

Noel Canning

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