July 06, 2010
When The Supreme Court Actually Matters
Posted by David Zaring

The NLRB has announced it will rehear 100 cases of the 600 odd decided by it when it was down to two members - the Court ruled that it was statutorily required to have three members.  It wasn't clear that the decision would be a big deal (and, like the PCAOB case, it found an agency to be acting illegally for quite a while), given that the agency had one Republican and one Democrat member during this period ... but it turns out that it will be.  Basically, if you bothered to petition the the court of appeals on the grounds that two members was too few, the Board will rehear the case.  And that number will grow - if you didn't do so, and the matter isn't moot or time barred, you could petition for rehearing now, and still get it.

Whatever it is, it isn't a general order by the NLRB reaffirming through the full board the results of the two member cases.

Administrative Law, Supreme Court | Bookmark

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