There is much talk on the D.C. Circuit Court of Appeals’ ruling that the President’s NLRB recess appointments was unconstitutional.
Shortly thereafter, the NLRB released a press release stating:
The Board respectfully disagrees with today’s decision and believes that the President’s position in the matter will ultimately be upheld. It should be noted that this order applies to only one specific case, Noel Canning, and that similar questions have been raised in more than a dozen cases pending in other court of appeals.
Below is a compilation of pending cases, as put together by SCOTUS Blog by Lyle Denniston:
- D.C. Circuit — fifteen other challenges pending, most if not all of which will be decided on the basis of last Friday’s ruling. The cases are either in the briefing stage, or awaiting a briefing schedule.
- Second Circuit — one case, in briefing.
- Third Circuit — three cases, one set for argument March 19 NLRB v. New Vista Nursing, docket 11-3440; one case being held for that case, another in briefing.
- Fourth Circuit — four cases, one set for argument March 22 NLRB v. Enterprise Leasing Co. SE, docket 12-1514; others in briefing.
- Fifth Circuit — one case, in briefing.Sixth Circuit — one case, in briefing.
- Seventh Circuit — two cases: one decided, but not on the merits of the appointments power; one in briefing.Ninth Circuit — one case, in briefing.
- Eleventh Circuit — one case, in briefing.
- The only federal appeals courts in which no such cases are pending are the First, Eighth, and Tenth.