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Despite Senate moves, lawyers eye recess appointment case

The recent Senate confirmation of Richard Cordray as director of the Consumer Financial Protection Bureau and the forward motion on the nominations to the National Labor Relations Board could ultimately lessen the blow of a potential U.S. Supreme Court decision invalidating the president’s recess appointments to those agencies.

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Supreme Court to decide fate of Obama’s recess appointments

In a case that will decide not only the fate of hundreds of National Labor Relations Board decisions and rules issued over the last 18 months but also help define the constitutional limits of presidential and congressional authority, the U.S. Supreme Court has agreed to decide whether the president had the power to install three of his nominees to the board without Senate approval.

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