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Noted for January 26, 2013

Chief Justice Roberts Told Obama to Use Recess Appointments to Fill the NLRB

Think Progress:

Chief Justice Roberts: Why Isn't Obama Making Recess Appointments To The NLRB?: NEAL KATYAL, DEPUTY SOLICITOR GENERAL: They were named in July of last year. They were voted out of committee in October. One of them had a hold and had to be renominated. That renomination took place. There was a failed quorum — a failed cloture vote in February. And so all three nominations are pending. And I think that underscores the general contentious nature of the appointment process with respect to this set of issues.

CHIEF JUSTICE ROBERTS: And the recess appointment power doesn’t work why?

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