Hatch, Colleagues File Amicus Brief in Suit Over Unconstitutional NLRB Recess Appointments

Press Release

U.S. Senator Orrin Hatch (R-Utah), a current member and former Chairman of the Senate Judiciary Committee, today joined Senate Republican Leader Mitch McConnell and 40 more 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.

"The Obama Administration has shown time and again that the Constitution is just a bump in the road when it comes to pushing through its political agenda," Hatch said. "It's clear these appointments were made while the Senate was not in an appropriate recess and should not stand."

In addition to Hatch and McConnell, the brief was signed by Senators Lamar Alexander (R-Tenn.), Kelly Ayotte (R-NH), John Barrasso (R-Wyo.), Roy Blunt (R-Mo.), John Boozman (R-Ark.), Richard Burr (R-NC), Saxby Chambliss (R-Ga.), Daniel Coats (R-Ind.), Tom Coburn (R-Okla.), Thad Cochran (R-Miss.), Susan M. Collins (R-Maine), Bob Corker (R-Tenn.), John Cornyn (R-Texas), Mike Crapo (R-Idaho), Jim DeMint (R-S.C.), Michael B. Enzi (R-Wyo.), Lindsey Graham (R-S.C.), Chuck Grassley (R-Iowa), John Hoeven (R-N.D.), Kay Bailey Hutchison (R-Texas), James M. Inhofe (R-Okla.), Johnny Isakson (R-Ga.), Mike Johanns (R-Neb.), Ron Johnson (R-Wis.), Jon Kyl (R-Ariz.), Mike Lee (R-Utah), Richard G. Lugar (R-Ind.), John McCain (R-Ariz.), Jerry Moran (R-Kans.), Rand Paul (R-Ky.), Rob Portman (R-Ohio), James E. Risch (R-Idaho), Pat Roberts (R-Kans.), Marco Rubio (R-Fla.), Jeff Sessions (R-Ala.), Richard C. Shelby (R-Ala.), John Thune (R-S.D.), Patrick J. Toomey (R-Penn.), David Vitter (R-La.), and Roger F. Wicker (R-Miss.).

NOTE: On December 19, 2011, Hatch spearheaded a letter that was signed by every Senate Republican that called on President Obama to not recess appoint nominees to NLRB.