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How the Recess Appointments Case Speaks to Foreign Relations Law

by Peter Spiro

by Peter Spiro Not much surprise that the Supreme Court’s ruling in the recess appointments case NLRB v. Noel Canning would draw on historical practice, since there wasn’t much else to draw on. Breyer’s opinion in the case sets out a notable defense of practice as precedent: [I]n interpreting the [Recess Appointments] Clause, we put […]

Via OpinioJuris

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