A unanimous Supreme Court struck down President Barack Obama's disputed recess appointments to the National Labor Relations Board, saying that the Senate was not technically in recess because it was holding pro forma sessions. "For purposes of the Recess Appointments Clause, the Senate is in session when it says that it is, provided that, under its own rules, it retains the capacity to transact Senate business," the court ruled in the case of NLRB v. Noel Canning. "This standard is consistent with the Constitution’s broad delegation of authority to the Senate to determine how and when to conduct its business, as recognized by this Court’s precedents." (more…)
