Implications for the CFPB after the DC Circuit’s recess appointments decision

A panel of three judges in the DC Circuit stunned Washington on Friday by striking down President Obama’s recess appointments to the NLRB in Noel Canning v NLRB on a basis much more sweeping than had been anticipated. The two holdings in the decision cast doubt over the longstanding practice of intrasession recess appointment, which has been used especially frequently in the last two decades.

Click on the link above to download this Davis Polk & Wardwell briefing.