U.S. Sen. Saxby Chambliss, R-Ga., joined 41 of his Senate colleagues in filing an amicus brief 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 case is pending in the U.S. Court of Appeals for the D.C. Circuit.
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.
"I am very concerned that, in making these recess appointments, the president has chosen to ignore the Constitution and disregard longstanding rules and precedents," Chambliss said. "I hope that the courts reinstitute the checks and balances set forth in the Constitution, and ensure that the American people's elected representatives are not circumvented by the president."
The 42 Senate Republicans retained former assistant to the Solicitor General Miguel Estrada to file the amicus brief. 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.