No. -XXXX 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 PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT PETITION FOR A WRIT OF CERTIORARI DONALD B. VERRILLI, JR. Solicitor General Counsel of Record STUART F. DELERY Acting Assistant Attorney General SRI SRINIVASAN Deputy Solicitor General BETH S. BRINKMANN Deputy Assistant Attorney General CURTIS E. GANNON Assistant to the Solicitor LAFE E. SOLOMON General Acting General Counsel DOUGLAS N. LETTER CELESTE J. MATTINA SCOTT R. MCINTOSH Deputy General Counsel MARK R. FREEMAN JOHN H. FERGUSON SARANG V. DAMLE MARGERY E. LIEBER MELISSA N. PATTERSON Associate General Counsels BENJAMIN M. SHULTZ JOSHUA P. WALDMAN 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 as follows: 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 enumerated 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.