President's recess appointments
National Labor Relations Board v. Canning
In brief
The Supreme Court upheld the appeals court and confirmed that a president can fill an existing vacancy during a sufficiently long Senate recess.
- Where it stands
- Decided
Decided 9-0 · June 26, 2014 · Opinion by Justice Breyer
- What it’s about
- The Supreme Court upheld the appeals court’s ruling for Noel Canning in a dispute over President Obama’s January 2012 appointments to the National Labor Relations Board.
- Who it affects
- The ruling permits presidents to fill existing vacancies during sufficiently long Senate breaks, including breaks within a session.
Summary: written with AI from the case record.
What it's about
It decided that the President may fill any existing vacancy during a Senate break long enough to count as a recess, whether the break comes within or between Senate sessions.
The Constitution generally requires Senate approval for federal appointments, but the Recess Appointments Clause creates an exception.
Question presented
1. Was the Senate " in recess" under the Recess Appointments Clause when President Obama appointed three people to the Board on January 4, 2012? 2. Does the Recess Appointments Clause grant the President the power to fill only vacancies that occur during the official recess of the Senate?
What the Court decided
Holding
1. The Recess Appointments Clause empowers the President to fill any existing vacancy during any recess—intra-session or intersession—of sufficient length. 705 F. 3d 490, affirmed.
- Result
- Affirmed
The vote
- Joined the judgment
- Concurred in a separate opinion
- Wrote an opinion
What's next
The Supreme Court’s ruling ends this appeal; courts and federal agencies must apply its standard when assessing presidential appointments made during Senate breaks.
Documents
Opinions
Docket activity
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Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.