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High Court Takes Up Recess Appointments Case

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The Supreme Court has taken up the recess appointments case, discussed in this post, and added the third question requested by the employer, Noel Canning: "Whether the President's recess-appointment power may be exercised when the Senate is convening every three days in pro forma sessions."

As I noted previously, I think the answer to that question is so clearly "no" that it warranted summary affirmance.  The Court did not take that route, which it very rarely takes, but I would still wager that it will affirm on that basis by a lopsided vote and leave the more difficult questions to a case that requires their decision.

In some civil cases with crime-related implications, the Court took up Lozano v. Alvarez, No. 12-820, on the Hague Convention of the Civil Aspects of International Child Abduction, and McCullom v. Coakley, No. 12-1168, on buffer zones around abortion clinics.  No action on Amy & Vicky v. United States, No. 12-651, on child pornography restitution, which has already been relisted twice and apparently will be again.

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