Breaking News: Noel Canning decision released by Supreme Court. D.C. Circuit Affirmed; President Obama Recess Appointments Invalidated! Our analysis coming shortly.

The case considers the scope of the President’s recess appointment power. The questions presented to the Court are whether the President can use the recess appointment power during a recess that occurs during a session of Congress rather than between sessions to fill vacancies that arose prior to the recess as well as those that arise during one. The Court was also deciding if the Senate’s use of so-called pro forma sessions during a recess.