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Monday, June 30, 2014

Ten Theories of What Noel Canning was About

Last week, the Supreme Court decided National Labor Relations Board v. Noel Canning (formerly known as National Labor Relations Board v. Canning). If you read any legal blogs or news sources, you've probably heard about the case (For coverage reacting to the opinion, see here, here, here, here, here, herehere, here, here, here, here, here, here, and here. For commentary from before the opinion was released, see here, here, here, here, here, here, here, herehere, and here.)

Some people have told me that the Court struck down several presidential appointments because they were made during shorter, intra-session recesses of the Senate, rather than during recesses between sessions. But to me, that seems to be too dull and narrow of an issue to warrant the intensive coverage this case has received. 

To try to account for this case's prominence, here are some of my theories of what the Court really decided in Noel Canning. If your friends ask you what the case was about and you don't want to bore them, feel free to use any or all of these answers.

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