(Reuters) - The U.S. Supreme Court on Monday agreed to hear a closely
watched case involving the National Labor Relations Board that raises
fundamental questions about the authority of the U.S. president to
make appointments without Senate approval.
In the court's next term, starting in October, the court will consider
whether three appointments President Barack Obama made to the board in
January 2012 were invalid because the Senate was not technically in
recess at the time.
The case, which involves weighty constitutional issues that are the
constant subject of political battles between Congress and the White
House through different presidential administrations, addresses what
is known as "recess appointments."
That refers to when a president makes an appointment - while senators
are in recess - to a position otherwise requiring Senate approval,
often naming an appointee who would have had trouble winning Senate
confirmation.
The U.S. Court of Appeals for the District of Columbia Circuit ruled
in January that the appointments to the panel, which normally has five
members, were invalid.
The appeals court agreed with Noel Canning, the bottling company that
challenged Obama's move, in finding that the president did not have
the authority to make the appointments.
The U.S. Constitution allows the president to make appointments when
the Senate is in recess. Such appointments expire at the end of the
congressional session.
In Monday's brief order announcing it was hearing the case, the court
asked the parties to address an additional question on whether the
president can make recess appointments when the Senate convenes every
three days for so-called pro-forma sessions.
Backed by the U.S. Chamber of Commerce, Noel Canning argued that an
NLRB ruling against it was invalid because of the appointments, which
meant the board lacked a quorum.
Obama made his NLRB appointments on January 4, 2012, when the Senate
was in session but not conducting business. The congressional session
began on January 3, according to the Senate website.
Presidents from both parties have used their recess appointment
authority to make appointments when the Senate is not conducting
business.
The appeals court ruling also raised questions about the validity of
Obama's appointment of Richard Cordray to run the Consumer Finance
Protection Board, which was made on the same day as the three NLRB
appointments.
The case is NLRB v. Canning, U.S. Supreme Court, No. 12-1281.
(Reporting by Lawrence Hurley; Editing by Howard Goller and Will Dunham)
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