TCP is grateful to Paul for his many years of service to the organization and for his unwavering commitment to casting aside the labels that divide us to protect the principles and spirit of the nation’s founding charter.
- Observations on H.R. 3857
- Louis Fisher, Scholar-in-Residence
- March 6, 2014
Synopsis: I offer these thoughts on H.R. 3857 (Enforce the Take Care Clause Act). My comments reflect views I developed working at the Library of Congress for four decades and my continued interest in this issue in retirement while teaching at the William and Mary Law School and testifying at congressional hearings, including testimony in 2011 on committee subpoena authority for “Fast and Furious” documents.
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We are no longer accepting submissions for an online discussion centered upon Noel Canning, the Recess Appointments Clause.
The focus of the discussion began with the litigation about the constitutionality of three recess appointments to the National Labor Relations Board on January 4, 2012 but extended more broadly to the roles of the Congress, the President, and the Court in resolving separation of powers disputes.
- Two Cheers for Recess Appointments
- Peter M. Shane, Jacob E. Davis and Jacob E. Davis II Chair in Law, Moritz College of Law, Ohio State University
- June 26, 2014
Synopsis: On June 26, In a 5-to-4 vote, the U.S. Supreme Court held that Article II’s Recess Appointments Clause empowers presidents to fill vacancies that occur at any time and during any recess—intra-session or intersession—of sufficient length. This piece is originally from RegBlog. Read the full post here.
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- NLRB v. Noel Canning, Several Post-Argument Observations
- Michael Davidson, Former Legal Counsel, United States Senate
- January 20, 2014
Synopsis: The January 13 oral argument in NLRB v. Noel Canning underscores the desirability of the Court finding a way to leave to the Executive and Legislative Branches the task of reconciling their views on the Recess Appointments Clause.
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- Part III of the Teamsters’ Merits Brief and Footnote 60 of the Solicitor General’s Brief Pave the Way to a Restrained Resolution
- Michael Davidson, Former Legal Counsel, United States Senate
- September 26, 2013
Synopsis: In a follow-up post, Michael Davidson reacts to the newly filed merits briefs by the Office of the Solicitor General and the International Brotherhood of Teamsters Local 760.
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- International Brotherhood of Teamsters Local 760 Files Brief
- September 19, 2013
Synopsis: The International Brotherhood of Teamsters Local 760 has filed its brief in support of the petitioner, the NLRB.
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- Solicitor General’s Office Files Opening Brief
- September 19, 2013
Synopsis: The Office of the Solicitor General has filed the government's opening brief.
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- Anniversary of 9/11 reflection on Noel Canning
- Dr. Norman J. Ornstein, Resident Scholar, American Enterprise Institute
- September 12, 2013
Synopsis: Dr. Ornstein reflects on the anniversary of 9/11 and his efforts to try and make sure our Constitutional institutions would continue to function without interruption in the event of a massive terrorist attack.
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- Anniversary of 9/11 reflection on Noel Canning
- Dr. Norman J. Ornstein, Resident Scholar, American Enterprise Institute
- September 12, 2013
Synopsis: Dr. Ornstein reflects on the anniversary of 9/11 and his efforts to try and make sure our Constitutional institutions would continue to function without interruption in the event of a massive terrorist attack.
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- Is Noel Canning Justiciable?
- Peter M. Shane, Jacob E. Davis and Jacob E. Davis II Chair in Law, Moritz College of Law, The Ohio State University
- September 9, 2013
Synopsis: Peter M. Shane argues Noel Canning may not be justiciable under the Supreme Court's standing and political question precedents.
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- Is Noel Canning Justiciable?
- Peter M. Shane, Jacob E. Davis and Jacob E. Davis II Chair in Law, Moritz College of Law, The Ohio State University
- September 9, 2013
Synopsis: Peter M. Shane argues Noel Canning may not be justiciable under the Supreme Court's standing and political question precedents.
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