Eric Posner, Noel Canning, and orginalism

An argument to "Forget the Framers." NLRB v. Noel Canning - raising the question of whether the President's "recess" appointments to the NLRB complied with the constitution - will be argued at the US Supreme Court on January 13.

Earlier [Noel Canning and original intent], I wrote that I found the Brief of Originalist Scholars especially compelling.

Professor Eric Posner wrote an excellent piece in Slate in which he argues against the originalists, saying that the US Supreme Court "can resolve this case by holding that President Obama has merely continued a practice of his predecessors, one that is consistent with the text of the Constitution."