U.S. Senate Republican Leader Mitch McConnell announced today that former Assistant to the Solicitor General Miguel Estrada will file an amicus brief on behalf of Senate Republicans in a challenge (Noel Canning v. NLRB) to the constitutionality of President Obama's so-called "recess" appointments to the National Labor Relations Board in January.
The suit is being brought by Noel Canning, a local, family-owned business in Washington State that bottles and distributes soft drinks. The company is challenging the NLRB's determination that it must enter into a collective bargaining agreement with a labor union.
"The President's decision to circumvent the American people by installing his appointees at a powerful federal agency, when the Senate was not in recess, and without obtaining the advice and consent of the Senate, is an unprecedented power grab," Sen. McConnell said. "We will demonstrate to the Court how the President's unconstitutional actions fundamentally endanger the Congress's role in providing a check on the excesses of the executive branch."
McConnell continued: "Miguel Estrada is one of the country's foremost appellate advocates. He has argued 20 cases before the United States Supreme Court, and we are gratified that he will defend the Senate's constitutional role in the confirmation process."
Mr. Estrada is a partner in the Washington, D.C., office of Gibson, Dunn & Crutcher and serves as Co-Chair of the firm's Appellate and Constitutional Law Practice Group. Mr. Estrada served as Assistant to the Solicitor General of the United States from 1992 until 1997 and previously served as Assistant U.S. Attorney and Deputy Chief of the Appellate Section, U.S. Attorney's Office, Southern District of New York.