No. 12-1281 In the Supreme Court of the United States NATIONAL LABOR RELATIONS BOARD, PETITIONER v. NOEL CANNING, A DIVISION OF THE NOEL CORP., ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT BRIEF FOR THE PETITIONER DONALD B. VERRILLI, JR. Solicitor General Counsel of Record STUART F. DELERY Assistant Attorney General EDWIN S. KNEEDLER Deputy Solicitor General BETH S. BRINKMANN Deputy Assistant Attorney LAFE E. SOLOMON General Acting General Counsel CURTIS E. GANNON CELESTE J. MATTINA Assistant to the Solicitor Deputy General Counsel General JOHN H. FERGUSON DOUGLAS N. LETTER MARGERY E. LIEBER SCOTT R. MCINTOSH Associate General Counsels MELISSA N. PATTERSON BENJAMIN M. SHULTZ LINDA DREEBEN Deputy Associate General Attorneys Counsel Department of Justice National Labor Relations Washington, D.C. 20530-0001 Board
[email protected] Washington, D.C. 20670 (202) 514-2217 QUESTIONS PRESENTED The Recess Appointments Clause of the Constitution provides that “[t]he President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.” Art. II, § 2, Cl. 3. The questions presented are: 1. Whether the President’s recess-appointment pow er may be exercised during a recess that occurs within a session of the Senate, or is instead limited to recesses that occur between sessions of the Senate. 2. Whether the President’s recess-appointment pow er may be exercised to fill vacancies that exist during a recess, or is instead limited to vacancies that first arose during that recess.