The Supreme Court today granted cert in National Labor Relations Board v. Noel Canning, agreeing to decide the limits on Presidential recess appointments. Specifically, the Court says it will decide (1) whether the President’s recess-appointment power may be exercised during a recess that occurs within a session of the Senate, or is instead limited to recesses that occur between enumerated sessions of the Senate, and (2) whether the President’s recess-appointment power may be exercised to fill vacancies that exist during a recess, or is instead limited to vacancies that first arose during that recess. SCOTUSblog's Lyle Denniston explains the history and what's at stake:
While the Court will be focusing on constitutional questions, the outcome has real potential for giving either the Senate or the White House real tactical advantages in the ongoing confirmation wars. It could give a resistant Senate a chance to nearly take away the president’s recess appointment authority, or it could give the White House a way to get around filibuster-driven obstruction of nominees.
Noel Canning, by the way, is a soft-drink bottling company, not a frustrated presidential appointee.