D.C. Circuit's Invalidation Of NLRB Appointments May Affect The CFPB

On January 25, 2013, the United States Court of Appeals for the District of Columbia Circuit ruled that President Obama's three "recess" appointments to the National Labor Relations Board ("the NLRB") on January 4, 2012 were unconstitutional.  See Noel Canning v. Nat'l Labor Relations Bd., No. 12-1115 (Opinion here).  Noel Francisco of Jones Day successfully argued the cause for the petitioner before the D.C. Circuit.  The decision may affect a similar challenge to the President's "recess" appointment, also on January 4, 2012, of Richard Cordray as Director of the Bureau of Consumer Financial Protection (the "CFPB").  See State Nat'l Bank of Big Spring, Texas v. Geithner, No. 1:12-CV-01032-ESH (D.D.C.).  Because of the CFPB's unique nature, including the necessity that the CFPB have a Director in order to exercise certain functions, Noel Canning also raises questions about various ongoing CFPB activities and authority, as well as prior CFPB actions taken following