U.S. justices to hear presidential appointments case

U.S. justices to hear presidential appointments case

(Reuters) - The U.S. Supreme Court on Monday agreed to hear a closely

watched case involving the National Labor Relations Board that raises

fundamental questions about the authority of the U.S. president to

make appointments without Senate approval.



In the court's next term, starting in October, the court will consider

whether three appointments President Barack Obama made to the board in

January 2012 were invalid because the Senate was not technically in

recess at the time.



The case, which involves weighty constitutional issues that are the

constant subject of political battles between Congress and the White

House through different presidential administrations, addresses what

is known as "recess appointments."



That refers to when a president makes an appointment - while senators

are in recess - to a position otherwise requiring Senate approval,

often naming an appointee who would have had trouble winning Senate

confirmation.



The U.S. Court of Appeals for the District of Columbia Circuit ruled

in January that the appointments to the panel, which normally has five

members, were invalid.



The appeals court agreed with Noel Canning, the bottling company that

challenged Obama's move, in finding that the president did not have

the authority to make the appointments.



The U.S. Constitution allows the president to make appointments when

the Senate is in recess. Such appointments expire at the end of the

congressional session.



In Monday's brief order announcing it was hearing the case, the court

asked the parties to address an additional question on whether the

president can make recess appointments when the Senate convenes every

three days for so-called pro-forma sessions.



Backed by the U.S. Chamber of Commerce, Noel Canning argued that an

NLRB ruling against it was invalid because of the appointments, which

meant the board lacked a quorum.



Obama made his NLRB appointments on January 4, 2012, when the Senate

was in session but not conducting business. The congressional session

began on January 3, according to the Senate website.



Presidents from both parties have used their recess appointment

authority to make appointments when the Senate is not conducting

business.



The appeals court ruling also raised questions about the validity of

Obama's appointment of Richard Cordray to run the Consumer Finance

Protection Board, which was made on the same day as the three NLRB

appointments.



The case is NLRB v. Canning, U.S. Supreme Court, No. 12-1281.



(Reporting by Lawrence Hurley; Editing by Howard Goller and Will Dunham)

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