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ARTICLE · 21 JULY 2013

Let’s Make a Deal!

Proskauer Rose LLP
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Reportedly there is a tentative deal between Republicans and Democrats in the U.S. Senate which will avoid the so-called "nuclear option" of eliminating filibusters of certain Presidential nominations. We do not have all the details, and it remains to be seen how it will play out, but here is what we have heard are the basics.

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Reportedly there is a tentative deal between Republicans and Democrats in the U.S. Senate which will avoid the so-called "nuclear option" of eliminating filibusters of certain Presidential nominations.  We do not have all the details, and it remains to be seen how it will play out, but here is what we have heard are the basics.

The President will find replacement nominees for Members Sharon Block and Richard Griffin, whom he recess-appointed on January 4, 2012.  It is the validity of their recess appointments (along with that of Terence Flynn, who has since resigned) which is the basis for the dispute in the Noel Canning case (and many other similar cases).  It is also reported that the new nominees will be Nancy Schiffer, former associate general counsel of the AFL-CIO, and Kent Hirozawa, current chief counsel to current NLRB Chairman Mark Pearce. 

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