The Constitutional Validity of President Obama's Recess Appointments to the NLRB

The Columbus Lawyers Chapter
Start : Friday, November 08, 2013 12:00 PM
End : Friday, November 08, 2013 01:15 PM

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The Athletic Club of Columbus
136 East Broad Street


  • Noel Francisco, Partner, Jones Day; and Counsel to Noel Canning
  • Peter Shane, Professor, Ohio State Moritz College of Law

Did President Obama exceed his powers under the Recess Appointments Clause when he appointed three members to the National Labor Relation Board on January 4, 2012, while the Senate was adjourned for three days between pro forma sessions? How about when he appointed Richard Cordray to lead the Consumer Financial Protection Bureau on the same day? The U.S. Supreme Court will decide the constitutional validity of the NLRB recess appointments this Term in National Labor Relations Board v. Noel Canning, No. 12-1281.

Our speakers will debate the scope of the Recess Appointments Clause and whether President Obama’s appointments pass muster. Noel Francisco, a partner at Jones Day and a former Deputy Assistant Attorney General in the Office of Legal Counsel, developed the legal arguments against the appointments and will be arguing the Noel Canning case in 2014. Peter Shane, the Jacob E. Davis and Jacob E. Davis II Chair in Law at The Ohio State University, is a nationally recognized separation of powers law scholar and will defend the appointments.

Registration details:

The cost is $20.00 ($15.00 for those who join the Columbus Lawyers Chapter for the 2013-2014 program year and $5 for students). Lunch is included.

RSVP to Eric Murphy at or 614-961-9452. Pay at the door or in advance by cash or by check (to “The Federalist Society,” P.O. Box 1434, Columbus, Ohio 43216-1434).