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High Court Takes Up Recess Appointments Case

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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