FOR IMMEDIATE RELEASE
NEWS RELEASE
November 25, 2013
For More Information, contact:
Luther Strange
Joy Patterson (334) 242-7491
Alabama Attorney General
Claire Haynes (334) 242-7351
Page 1 of 1
AG STRANGE FILES BRIEF TO U.S. SUPREME COURT,
JOINED BY 16 OTHER STATES, CHALLENGING
UNCONSTITUTIONAL PRESIDENTIAL APPOINTMENTS
(MONTGOMERY)–Alabama Attorney General Luther Strange filed a brief today on
behalf of Alabama and 16 other States in the Supreme Court of the United States, arguing
President Obama violated the Constitution when he tried to make three appointments to the
National Labor Relations Board without seeking the approval of the Senate. The case is
National Labor Relations Board v. Noel Canning.
In 2011, President Obama failed to gain Senate confirmation for his nominees to the
NLRB, the federal agency that regulates disputes between business and labor groups.
President Obama then tried to put these nominees on the agency through language in the
Constitution that allows appointments without Senate approval during a Senate “recess.” The
States’ brief argues that the Senate was not in recess at the time the President made these
appointments. The brief also argues the President had failed to gain Senate approval because
Senators were concerned that his previous appointments were undermining state laws
promoting growth and individual freedom. In particular, the States discuss a complaint, filed
by President Obama’s appointee as NLRB general counsel, against the Boeing Company when
it decided to build a plant in South Carolina. South Carolina, like many of the States joining
this brief, has a “right to work” law guaranteeing its citizens the right to work for a particular
employer without joining a union.
Alabama and the 16 other States joining the brief argue that the question before the
Court concerns “the President’s attempt to circumvent the system of checks and balances” in
the Constitution. They argue that the NLRB has special capacity to undermine states laws and
“in recent years, the agency has upset the federal balance in unprecedented ways,” including
the complaint filed against Boeing. The States further argue that the requirement that
President obtain approval from the States’ representatives in the Senate is “an important
check” on federal overreaching. They conclude that “proper respect” for the Constitution
“requires the President to seek the Senate’s consent for the appointments he wishes to make
for important federal offices.”
Attorney General Strange made the following comment about the States’ brief: “I am
thankful the Attorneys General in so many other States understand how important this case is
for the Constitution. The President cannot work an end-run around the Senate for the sake of a
labor agenda that is contrary to both federal and state law. In this area and all others, the
President must cooperate with the Senate, and he must follow the law.”
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501 Washington Avenue Montgomery, AL 36104 (334) 242-7300
www.ago.state.al.us
