Supreme Court Strikes Down Unconstitutional NLRB Recess Appointments

Date: June 26, 2014
For Immediate Release
Kelly Hoffman 202-314-2054 or

Supreme Court Strikes Down Unconstitutional NLRB Recess Appointments

WASHINGTON, D.C., June 26, 2014 — Karen Harned, Executive Director of NFIB’s Small Business Legal Center, made the following statement in response to the Supreme Court’s decision in the case NLRB v. Noel Canning.  NFIB previously filed an amicus brief—along with other industry groups—arguing that the President’s recess appointments were unconstitutional.

“This case was never just about recess appointments. Ultimately, the case was about affirming the bedrock principle that this is a nation of limited government, where no one man can wield too great a power over our lives and livelihoods. When President Obama appointed three members to the NLRB he blatantly circumvented the Congressional appointment process and overstepped his constitutional authority. The President and NLRB’s actions have caused employers and employees uncertainty and unpredictability. These illegal appointments have played key roles in several of NLRB’s highly controversial policy decisions, such as the “ambush election rule” and the “Notice Poster Rule.” 

Small-business owners deserve to be protected from the pro-union decisions handed down by the NLRB and today the Supreme Court provided that protection. The Supreme Court’s decision today will have real world implications in every American community and in every business.”

Karen Harned, Executive Director of NFIB’s Small Business Legal Center


The NFIB Small Business Legal Center  is a 501(c)(3) organization created to protect the rights of America's small business owners by providing advisory material on legal issues and by ensuring that the voice of small business is heard in the nation's courts. The National Federation of Independent Business is the nation’s leading small business association, with offices in Washington, D.C. and all 50 state capitals.

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