Posted on 26 January 2013.
QUESTION: On another topic — will the administration appeal the D.C. Circuit's ruling on the recess appointments to the NLRB?
JAY CARNEY: Let me say, first, that with regards to next steps, I would refer you to the Justice Department. But the decision is novel and unprecedented. It contradicts 150 years of practice by Democratic and Republican administrations, so we respectfully but strongly disagree with the rulings. There have been, according to the Congressional Research Service, something like 280-plus intrasession recess appointments by, again, Democratic and Republican administrations, dating back to 1867. That's a long time and quite a significant precedent.
So next steps, I'd refer you to the Justice Department, but our view is that we disagree strongly with the decision.
QUESTION: Jay, following up on that question, what — without going through next steps if you don't want to talk about that — what does this mean for you guys? What does it mean for the NLRB appointments? And what does it mean for other recess appointments like Richard Cordray?
MR. CARNEY: Well, the case that was — the decision that was put forward today had to do with one case, one company, one court. It does not have any impact, as I think the NLRB has already put out, on their operations or functions, or on the board itself. It has no bearing on Richard Cordray. And we, as I said, strongly disagree with it.
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