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Lund Files Amicus Brief in NLRB v. Noel Canning

University Professor Nelson Lund filed an amicus brief on behalf of a group of political scientists and historians in the Supreme Court’s National Labor Relations Board v. Noel Canning, a Division of the Noel Corp.

The pro bono brief, filed on behalf of the respondent, argued that the Court should refuse to sanction an unprecedented expansion of the President’s recess-appointments power.

“The primary purpose of this brief is to show that adhering to the original meaning of the Recess Appointments Clause has not and will not disrupt the orderly governance of the Nation,” the brief reads. “The constitutionally prescribed methods of appointment worked perfectly well for a very long time, and modern circumstances make it even easier to continue using the Constitution’s procedures. Whether the clear text, structure, purpose, and history of the Constitution should give way to 'practical' considerations of the modern administrative state therefore cannot even be considered an issue in this case."

Joining Lund in support of the brief are Mason Law Professor Jeremy Rabkin; Hadley P. Arkes, Edward N. Ney Professor of Jurisprudence and American Institutions at Amherst University and Director of the James Wilson Institute on Natural Rights and the American Founding; Joseph M. Bessette, Alice Tweed Tuohy Professor of Government and Ethics at Claremont McKenna College; David F. Forte, Professor of Law at Cleveland State University and inaugural holder of the Charles R. Emrick, Jr.―Calfee Halter & Griswold Endowed Chair; and Ralph A. Rossum, Salvatori Professor of Political Philosophy and American Constitutionalism at Claremont McKenna College. 

Read the brief