JUDGMENT ISSUED.

Record returned for U.S.C.A. for District of Columbia Circuit.

Adjudged to be AFFIRMED. Breyer, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed an opinion concurring in the judgment, in which Roberts, C. J., and Thomas and Alito, JJ., joined.

Argued. For petitioner: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. For respondents: Noel J. Francisco, Washington, D. C.; and Miguel A. Estrada, Washington, D. C. (for Senate Republican Leader Mitch McConnell, et al., as amici curiae).

Reply of petitioner National Labor Relations Board filed. (Distributed)

Reply of respondent International Brotherhood of Teamsters Local 760 in support of petitioner filed. (Distributed)

Letter received from counsel of record for amicus for The Brennan Center for Justice. (Distributed).

Motion of Professor Victor Williams for leave to participate in oral argument as amicus curiae and for divided argument DENIED.

Motion of Senate Republican Leader Mitch McConnell, et al., for leave to participate in oral argument as amici curiae and for divided argument GRANTED, the time is to be divided as follows: 45 minutes for petitioner, 30 minutes for respondent Noel Canning, and 15 minutes for amici curiae Senate Republican Leader Mitch McConnell, et al.,

Brief amici curiae of Alabama, et al. filed. (Distributed)

Administrative record received from the National Labor Relations Board. (1Box)

Brief amici curiae of Senate Parliamentary Experts Robert B. Dove and Martin B. Gold filed. (Distributed)

Brief amicus curiae of Speaker of the United States House of Representatives, John Boehner filed.

Brief amici curiae of Coalition for a Democratic Workplace, et al. filed. (Distributed)

Brief amicus curiae of Daycon Products Company, Inc. filed. (Distributed)

Brief amici curiae of Citizens United, et al. filed. (Distributed)

Brief amicus curiae of International Longshore and Warehouse Union filed. (Distributed)

Brief amicus curiae of American Civil Rights Union filed. (Distributed)

Brief amici curiae of Constitutional Law Scholars filed. (Distributed)

Brief amicus curiae of Cato Institute filed. (Distributed)

Brief amici curiae of Originalist Scholars filed. (Distributed)

Brief amici curiae of Political Scientists and Historians filed. (Distributed)

Brief amicus curiae of Council on Labor Law Equality filed. (Distributed)

Brief amicus curiae of Independence Institute filed. (Distributed)

Brief amici curiae of Judicial Watch, Inc., et al. filed. (Distributed)

Brief amicus curiae of National Federation of Independent Business Small Business Legal Center filed. (Distributed)

Brief amicus curiae of Mountain States Legal Foundation filed. (Distributed)

Brief amici curiae of Brian W. Bulger, et al. filed. (Distributed)

Brief amici curiae of Atlantic Legal Foundation, et al. filed. (Distributed)

Brief amici curiae of State National Bank of Big Spring, et al. filed. (Distributed)

Brief amici curiae of Senate Republican Leader Mitch McConnell and 44 Other Members of the United States Senate filed. (Distributed)

Brief amicus curiae of Professor Tuan Samahon filed. (Distributed)

Motion of Senate Republican Leader Mitch McConnell and 44 Other Members of the United States Senate for leave to participate in oral argument as amici curiae, for divided argument, and for additional argument time filed.

Brief amici curiae of National Right to Work Legal Defense and Education Foundation, Inc., and Jeanette Geary. filed. (Distributed)

Motion of Professor Victor Williams for leave to participate in oral argument as amicus curiae and for divided argument filed.

Response of Noel Canning, et al. to motion of Senate Republican Leader Mitch McConnell, et al. for leave to participate in oral argument as amici curiae, for divided argument, and for additional argument time filed.

Brief amicus curiae of Southeastern Legal Foundation filed. (Distributed)

Brief amicus curiae of Landmark Legal Foundation filed.

Record from the U.S.C.A. District of Columbia Circuit is electronic and located on PACER.

Brief of respondent Noel Canning filed. (Distributed)

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Noel Canning.

CIRCULATED

SET FOR ARGUMENT ON Monday, January 13, 2014.

Motion to dispense with printing the joint appendix filed by petitioner GRANTED.

Brief amicus curiae of Professor Victor Williams filed.

Brief amicus curiae of The Brennan Center for Justice filed.

Brief amicus curiae of Constitutional Accountability Center filed.

Brief of petitioner NLRB filed.

Motion to dispense with printing the joint appendix filed by petitioner NLRB.

Brief of respondent International Brotherhood of Teamsters Local 760 in support of the petitioner filed.

Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioner National Labor Relations Board.

Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the respondent International Brotherhood of Teamsters Local 760.

Application (13A209) granted by The Chief Justice to exceed the word limits of the parties briefs on the merits. provided that each opening brief does not exceed 18,000 words, and that the reply brief does not exceed 7,200 words.

Application (13A209) to exceed the word limits of the parties briefs on the merits, submitted to The Chief Justice.

The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 13, 2013.

The time to file respondents' brief on the merits is extended to and including November 18, 2013.

Petition GRANTED In addition to the questions presented by the petition, the parties are directed to brief and argue the following question: Whether the President's recess-appointment power may be exercised when the Senate is convening every three days in pro forma sessions.

Reply of petitioner National Labor Relations Board filed. (Distributed)

DISTRIBUTED for Conference of June 20, 2013.

Brief amici curiae of Senate Republican Leader, Mitch McConnell, et al. filed.

Brief amicus curiae of Constitutional Accountability Center filed.

Brief amicus curiae of Professor Victor Williams filed.

Brief of respondent Noel Canning filed.

Brief amicus curiae of Coalition for a Democratic Workplace filed.

Brief of respondent International Brotherhood of Teamster Local 760 in support filed.

Petition for a writ of certiorari filed. (Response due May 28, 2013)

NLRB, Petitioner, represented by Donald B. Verrilli Jr.

International Brotherhood of Teamsters Local 760, Respondent, represented by James B. Coppess

Noel Canning, Respondent, represented by Noel J. Francisco

Alabama, et al., Amicus Curiae, represented by John C. Neiman Jr.

American Civil Rights Union, Amicus Curiae, represented by Peter J. Ferrara

Atlantic Legal Foundation, et al., Amicus Curiae, represented by William S. Consovoy

Brian W. Bulger, et al., Amicus Curiae, represented by Brian Wegg Bulger

Cato Institute, Amicus Curiae, represented by Ilya Shapiro

Citizens United, et al., Amicus Curiae, represented by William J. Olson

Coalition for a Democratic Workplace, Amicus Curiae, represented by Mark T. Stancil

Constitutional Accountability Center, Amicus Curiae, represented by Elizabeth B. Wydra

Constitutional Law Scholars, Amicus Curiae, represented by Michael W. McConnell

Council on Labor Law Equality, Amicus Curiae, represented by Arthur B. Smith Jr.

Daycon Products Company, Inc., Amicus Curiae, represented by Jay Paul Krupin

Independence Institute, Amicus Curiae, represented by Sean R. Gallagher

International Longshore and Warehouse Union, Amicus Curiae, represented by Robert Steven Remar

Judicial Watch, Inc., et al., Amicus Curiae, represented by Paul J. Orfanedes

Landmark Legal Foundation, Amicus Curiae, represented by Richard P. Hutchison

Mountain States Legal Foundation, Amicus Curiae, represented by Steven J. Lechner

National Federation of Independent Business Small Business Legal Center, Amicus Curiae, represented by Mark E. Solomons

National Right to Work Legal Defense and Education Foundation, Inc., and Jeanette Geary., Amicus Curiae, represented by Thomas H. Odom

Originalist Scholars, Amicus Curiae, represented by Michael D. Ramsey

Political Scientists and Historians, Amicus Curiae, represented by Allyson N. Ho

Professor Tuan Samahon, Amicus Curiae, represented by Tuan Naim Samahon

Professor Victor Williams, Amicus Curiae, represented by Victor Keith Williams

Senate Parliamentary Experts Robert B. Dove and Martin B. Gold, Amicus Curiae, represented by D. John Sauer

Senate Republican Leader Mitch McConnell and 44 Other Members of the United States Senate, Amicus Curiae, represented by Miguel A. Estrada

Southeastern Legal Foundation, Amicus Curiae, represented by Shannon Lee Goessling

Speaker of the United States House of Representatives, John Boehner, Amicus Curiae, represented by Jay Alan Sekulow

State National Bank of Big Spring, et al., Amicus Curiae, represented by Adam Jeffrey White

The Brennan Center for Justice, Amicus Curiae, represented by Sidney S. Rosdeitcher