"Nothing less than the boundaries of executive power are at stake Monday as the Supreme Court considers whether President Obama violated the Constitution during his first term.
Oral arguments slated for Monday will center on a trio of recess appointments to the National Labor Relations Board (NLRB) that were deemed unconstitutional by lower courts.If they uphold the decision, experts say the justices could endanger hundreds of NLRB decisions.
Even more significant are the ramifications for future presidents, with the court poised either to bolster or blunt the chief executive’s appointment powers.
'Rulings like this have implications that last for centuries,' said Michael Lotito, an employment and labor attorney and co-chairman of Littler Mendelson's Workplace Policy Institute."
The Court will be looking at the following points.
"The Obama administration’s case hinges on winning three points, according to Georgetown University Law Center’s Nicholas Quinn Rosenkranz, who is arguing against the government.
First, it must convince the justices that presidents may make appointments during regular recesses and not, as the appeals court ruled, only during the breaks between numbered sessions on Congress.
Next, the court must agree that the appointments may include the filling of vacancies that existed before the recess began, rather than those that occurred during a recess.
Finally, it must conclude that the pro-forma sessions do not count as formal sessions of Congress.
Proving all three points, particularly the last, would be a tall order, said Rosenkranz, who predicted a 9-0 ruling in favor of Noel Canning.
'I don’t think this is a close case,' he said."