NLRB v. Noel Canning

Case Overview

Unanimously invalidated recess appointments to the NLRB made while the Senate was holding pro forma sessions every three days, holding the Senate is in session when it says it is and that a three-day break is too short to trigger the Recess Appointments Clause. The majority read the Clause broadly to cover intra-session recesses and pre-existing vacancies; the modern method case for historical practice as gloss on the separation of powers.