National Labor Relations Board v. Noel Canning
United States Supreme Court
134 S. Ct. 2550 (2014)
With three NLRB nominees awaiting Senate confirmation for over a year, the President made recess appointments to fill all three seats during a three-day break between Senate pro forma sessions in January 2012, even though the Senate had retained the power to conduct business by unanimous consent during those sessions. When the NLRB, staffed with these appointees, ordered Noel Canning (plaintiff) to enter a collective bargaining agreement, Canning challenged the appointments' validity, and the court of appeals agreed the appointments were invalid, prompting Supreme Court review.
Whether the President may invoke the Recess Appointments Clause to fill a vacancy during any sufficiently long Senate recess, including a recess between formal sessions.