By Edwin S. Hopson
On September 28, 2012, we reported that the U.S. Senate Minority Leader, Mitch McConnell, had announced that he and 41 other Senators had filed an amicus curiae brief in the U.S. Court of Appeals for the District of Columbia in Noel Canning v. NLRB, Nos. 12-1115, 12-1153, challenging the constitutionality of the recess appointments made on January 4, 2012, to the National Labor Relations Board by President Obama.
Oral argument in this case is now set for December 5, 2012, before Circuit Judges Sentelle, Henderson and Griffith. A decision can be expected within several months after the argument.