Johanns Supports Chalenge of NLRB "Recess" Appointments in the Supreme Court

 

 WASHINGTON — U.S. Sen. Mike Johanns (R-Neb.) today joined 44 of his Senate colleagues in filing an amicus brief in the U.S. Supreme Court in a challenge (NLRB v. Noel Canning) of the constitutionality of President Obama’s so-called “recess” appointments to the National Labor Relations Board (NLRB) in January 2012.

“This brief reaffirms what Republicans and lower courts have been saying all along: President Obama’s so-called ‘recess’ appointments are an aggressive power-grab that flies in the face of our Constitution. The President’s power is not limitless and Americans are tired of the Administration’s relentless overreach; this case is an important reminder of that.”
Since making these so-called “recess” appointments, three lower courts have ruled that they are unconstitutional. In addition to filing previous amicus briefs in support of challenging these “appointments,” Johanns has previously sent letters to NLRB “appointees,” insisting they step down following the lower-court rulings.
The suit is being brought by Noel Canning, a family-owned business in Washington State. The Supreme Court is scheduled to take up the case in January 2014.