NLRB Noel Canning was NFIB v. Sebelius Redux. Kind of.

January 13th, 2014

I had some serious deja vu today with Noel Canning v. NLRB.

Justice Kennedy asked Solicitor General Don Verrilli for a limiting principle to the President’s exercise of power. He would not give one.

The Solicitor General argued that an exercise of federal power should be read one way under one constitutional provision, but a different way under another provision.

Justices Kagan and Breyer are frustrated with the Solicitor General’s refusal to explain the motivations behind the executives decision to exercise authority.

The Solicitor General finished with a closing statement, urging the Justices that the exercise of federal power should be upheld because it promotes liberty.

Bonus points if you get all the references.