Case background
Transcript: Case Background Pro Forma Sessions began to be used in the Senate in 2007 to block recess appointments Constitutional Accountability Center Define the definition of what is considered a recess Coalition for a Democratic Workplace President Obama NLRB, U.N. Representatives, Federal Bureau of Consumer Protection "3 members of the board shall, at all times, constitute a quorum of the board" Left the issue open Congressional session where no formal business is discussed Our prediction "The President shall have the power to fill up vacancies that may happen during the recess of the Senate..." William Steele was nominated by President Bush to fill that vacancy U.S. Senate New Process Steel v. NLRB (2010) Intersession vs. Intrasession As of June 4, 2013 President Obama - 32 African American groups protested against Steele for his ruling in Evans Does NLRB have authority to rule without a Quorum of at least 3 members? Constant gridlock has made appointments difficult 1. Can the President make recess appointments during intrasessions? Involvement of NLRB Used to block recess appointments and pocket vetoes Issue: Canning refused offer from Teamsters Union over benefits Struggle for Constitutional power between Executive and Legislative branch Framer's Decision and Modern Conception Since FDR, Presidents have used recess appointments strategically January 4, 2012, President Obama appointed 3 members to the NLRB and the Director of the Consumer Financial Protection Bureau Only time intrasession appointments were made until 1940s Senate cannot always be in session Andrew Johnson Episode Reagan - 240 Clinton - 139 Bush - 171 Immediate impact on Canning? During this period, Johnson made several government appointments 11th Circuit Court Judge Emmett Cox left office due to senior status Nuclear Option President Obama Threshold now 51 instead of 60 for Judicial and Executive nominees (Supreme Court nominees still need 60) Should Pro Forma Sessions be used to block recess appointments? Law Reviews Cont. The Constitution was drafted to give Federal Government more power Respondent Stakeholders Supreme Court will overturn lower courts decision Noel Canning owns a soft drink distribution company in Northwest USA Court ruled with Canning vs. NLRB lacked authority with 2 members Article 2, Section 2, Clause 3 1868 Congress took first intrasession recess Weakens power of the filibuster Government vacancies need to be filled Questions of the Case Can take weeks to convene without recesses Case Decision Evans v. Stephens (2003) 3. Can the President make recess appointments during Pro Forma sessions? 2. Can the President make recess appointments to existing vacancies or only vacancies that arise during recess? What we learned Arguments made "Neither Chamber can adjourn for 3 days without consent of other" 600 member organizations 1940s - Bush Noel Canning v. National Labor Relations Board Checks and Balances Law Reviews Federalist Paper 67 Canning's Defense Constitutional Background Petitioner Stakeholders Pro Forma Session