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WASHINGTON, D.C. — (Mealey’s) U.S. Supreme Court Chief Justice John G. Roberts Jr. on July 2 denied an emergency application filed a day earlier seeking to halt National Labor Relations Board (NLRB) proceedings pending a decision on the dispute over “recess” appointments to the NLRB (CSC Holdings, LLC, et al. v. National Labor Relations Board, No. 13A20, U.S. Sup.).
The chief justice did not wait for a response to the application from the NLRB, nor did he provide a reason for his decision.
The U.S. Supreme Court is set to hear arguments in NLRB v. Noel Canning (No. 12-1281, cert. granted June 24, 2013) [lexis.com subscribers may access Supreme Court briefs in this case.] in the fall concerning whether January 2012 appointments by President Obama to the NLRB were appropriate under the recess appointments clause contained in the U.S. Constitution. In the meantime, the District of Columbia Circuit U.S. Court of Appeals’ ruling in Noel Canning held that the appointments contravened the clear text of the clause.
CSC Holdings LLC and its direct subsidiary Cablevision Systems New York City Corp. argued in their July 1 application that because the NLRB had not sought a stay of the D.C. Circuit’s mandate in Noel Canning and “has boldly proclaimed that both it and its agents nevertheless can continue wielding federal authority,” it is in “open defiance of Congress and a federal court is at war with the rule of law.”
CSC and Cablevision further argued that “[l]eft unchecked, the Board’s flouting of both legislative and judicial authority will subject those parties [involved in agency proceedings] and the public to severe and immediate harm.”
In the alternative, CSC and Cablevision asked the high court to construe their application as a petition for certiorari before judgment, stay the agency proceedings pending a decision on the petition and grant the petition.
Doreen S. Davis of Jones Day in New York, Jerome B. Kauff of Kauff, McGuire & Margolis in New York and Theodore B. Olson and Matthew D. McGill of Gibson, Dunn & Crutcher in Washington represent CSC Holdings and Cablevision.
Solicitor General Donald B. Verrilli Jr. in Washington represents the NLRB.
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