The administration first announced last month it would ask the justices to review an appeals court ruling that said two of President Obama’s recess appointments to the National Labor Relations Board were unconstitutional. The ruling has rendered the NLRB effectively unable to function. According to the Associated Press, the administration just made the deadline for the petition today.
The White House has asked the Supreme Court to “to remove the resulting constitutional cloud over the acts of past and present recess appointments and to restore the president’s capacity to fill vacant offices temporarily when the Senate is unavailable to give its advice and consent.”
The case has potentially far-reaching implications, the AP notes:
A ruling, should the justices take up the case, will likely happen no earlier than October.
A copy of the administration’s brief can be found here. (Hat tip: SCOTUSBlog.com)
Fred Wszolek, spokesman for the business-backed Workforce Fairness Institute, said in a statement emailed to reporters:
To reads the Examiner’s original report on the ruling that sparked this, click here. The court’s decision was denounced by Big Labor. The NLRB originally tried to ignore the ruling, but found that lawsuits by Big Business challenging the board’s actions in light of the court’s decision made that impossible.
