Supreme Court Strikes Down NLRB Recess Appointments: 9-0

@Jonathan_HR_Law: Supreme Court strikes down Obama recess appointments via @POLITICO

Link to Supreme Court decision in article in tweet.

Unanimous decision issued by Justice Breyer, striking down “interim” appointments to NLRB as unconstitutional.

While Court did not analyze whether decisions issued under unconstitutionally appointed board are not binding, the result of this decision should be that any decision issued during this time will be able to be successfully challenged because the D.C. Circuit case that was affirmed by the Supreme Court held that the Board’s decision was invalid because the Board was invalid.

Important: even if prior cases are invalid, as they should be expect NLRB to reach out for similar cases and issue same decisions.

This is victory for rule of law but not necessarily for any change in NLRA as interpreted by activist NLRB.