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BG&A Files Supreme Court Brief Challenging “Recess” Appointments

By January 11, 2014No Comments

On November 25, 2013, Boyden Gray & Associates filed an amicus brief in the Supreme Court’s recess appointments case, Noel Canning v. NLRB, on behalf of the State National Bank of Big Spring, the Competitive Enterprise Institute, and the 60 Plus Association. The three NLRB appointments at issue in Noel Canning were made at the same time Richard Cordray was appointed director of the Consumer Financial Protection Bureau, an appointment that State National Bank and its fellow amici challenge in another case currently before the D.C. Circuit. All four appointments were made to fill preexisting vacancies during a three-day break in Senate business. In an interview with the New York Times, Ambassador Gray predicted that these circumstances will not satisfy the Supreme Court. “I think [the Court] will say there has to be a real recess, that it can’t just be lunch hour.”

The brief is available here.

The New York Times article is available here.

Adam Gustafson

Author Adam Gustafson

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