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The Understaffed NLRB Mess Gets Worse


I’m very ambivalent about the Supreme Court’s ruling today that the NLRB did not have the statutory authority to act with only two members. But, to be honest, my instinct is to be sympathetic to the majority opinion.

Judicial nominations, which involve lifetime appointments to an independent branch, are a more complex question. But for executive branch appointments, the Senate should have a very limited timeframe to take an up-or-down straight majority vote. And until then, presidents should start making very liberal use of the recess appointment power. The current set of rules and norms is just nutty.

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