NLRB Skips En Banc Review of Recess Appointments Case; Heads Straight for Supremes

No real surprise here: the NLRB is going to skip seeking en banc review of Canning v. NLRB and petition for cert.  There are scads of other cases now working their way through the courts of appeals and this is a way of resolving the issue once and for all.  The petition would be due April 25, 2013.

This is what the government did in the health care case–rather than seek rehearing in the 11th Circuit, it went straight to the Supreme Court.