I believe it will not, because the NLRB lost jurisdiction over the Noel Canning matter when it was appealed to the D.C. Circuit. And based on the Court’s recent actions (and then-Solicitor General Kagan’s recommendation), I suspect the Court will proceed to decide the case.
Further confirmation from the White House briefing today:
Q Now that you have this deal, do you want to see the -- does the administration and the President want to see the Supreme Court weigh in on recess appointments? Or are there any considerations of asking them to dismiss that case?
MR. CARNEY: Well, I would refer you to the Department of Justice, but I would say that the question of whether any President should retain the ability that has been enjoyed by Presidents for over a century to make recess appointments is one that is still at issue. And our views on this have not changed. What the next steps are I would leave to the Justice Department to describe, but as you noted, that case is before the Supreme Court, and our position on it and the right of this President and any President going forward to make recess appointments as predecessors have for more than a century remains very strong.
Q So it sounds like you would like to see the Supreme Court continue --
MR. CARNEY: Well, again, the answer is, yes. But for specific legal questions I would refer you to Justice.