Supreme Court Strikes Down Unconstitutional NLRB Recess Appointments

Date: June 26, 2014

For Immediate Release
Kelly Hoffman
or 202-314-2054[email protected]

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

“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

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.”


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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