C|M|LAW Professor David Forte joined an amicus brief submitted to the U.S. Supreme Court in NLRB v. Noel Canning. The case is the appeal from the D.C. Circuit striking down President Obama’s recess appointments to the National Labor Relations Board. The amici argue that the recess appointments clause of the Constitution only permits the President to make appointments during genuine adjournments, or intersessions, of the Congress, and that presidents in recent decades have exceeded their authority in making recess appointments during short intersession recesses.
The brief may also be accessed here: http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/briefs-v3/12-1281_resp_amcu_psh.authcheckdam.pdf