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U.S. Supreme Court

Recess-appointments case among possible cert grants

Posted Jun 17, 2013 7:41 AM CDT
By Debra Cassens Weiss

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The U.S. Supreme Court is being asked to consider the constitutionality of President Obama’s recess appointments to the National Labor Relations Board in NLRB v. Canning, one of several high-profile cert petitions.

The “odds are high” that the court will grant cert in the recess appointments case, the Wall Street Journal Law Blog (sub. req.) reports. The U.S. Court of Appeals for the District of Columbia Circuit struck down the appointments in part because they were made during a holiday break in Senate business, rather than a formal recess.

The Wall Street Journal Law Blog says these cases are also “notable possibilities” for cert grants:

•A suit that tests whether Fair Housing cases may be based on disparate impact analysis, rather than intentional bias. The case is Mount Holly v. Mt. Holly Gardens Citizens in Action.

• A case that challenges a “cross-state” rule governing coal-plant air pollution. The U.S. Court of Appeals for the District of Columbia Circuit said the Environmental Protection Agency exceeded its authority when it issued the regulation. The case is EPA v. EME Homer City Generation.

Other pending cases ask whether cops may draw guns during a Terry stop and the extent of restitution that child porn defendants must pay to those who are victimized, SCOTUSblog reports.

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