Charles Kruly, a graduate of The George Washington University Law School’s class of 2013 and former editor of the Law Review, was recently cited in an amicus curiae brief filed with the Supreme Court for his essay Self-Funding and Agency Independence. Kruly’s piece, which is published in the GWLR’s 81:5 issue, offers a thorough analysis of how self-funded agencies are independent of direct Executive control in very meaningful ways. The case pending before the Supreme Court is NLRB v. Noel Canning, and it involves important issues about the scope of the President’s recess-appointment powers. Specifically, the issues presented are: (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; (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; and (3) whether the President’s recess-appointment power may be exercised when the Senate is convening every three days in pro forma sessions. Oral argument is scheduled for January 13, 2014.
The amicus brief filed on behalf of Noel Canning (Respondent), and in which Kruly’s essay is cited, can be found here.
