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Today at SCOTUS — 1/13/2014

Today, the Supreme Court hears arguments in cases about (1) recess appointments and (2) misbehaving debtors in bankruptcy:

(1)  NLRB v Noel Canning [see our preview at http://www.law.cornell.edu/supct/cert/12-1281]

  • Can the President exercise the recess-appointment power during a recess while the Senate is still in session? Can the President exercise this power when the Senate convenes every three days in pro forma sessions?
  • Can the President use the recess-appointment power to fill any vacancy that exists during a recess, or only to fill those vacancies that arose during the recess?

(2) Law v. Siegel [see our preview at http://www.law.cornell.edu/supct/cert/12-5196]

  • If a debtor in bankruptcy commits misconduct during bankruptcy proceedings, can statutory exemptions previously granted to him be revoked as punishment for his misbehavior?