Here's the Supreme Court's order:
12-1281
NLRB V. NOEL CANNING, ET AL.
The petition for a writ of certiorari is 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.
Read the cert petition filed by the Solicitor General, which contains the two other questions presented:
The Recess Appointments Clause of the
Constitution provides that “[t]he President shall have Power to fill up
all Vacancies that may happen during the Recess of the Senate, by
granting Commissions which shall expire at the End of their next
Session.” Art. II, § 2, Cl. 3. The questions presented are as follows:
1. Whether the President’s
recess-appointment power may be exercised during a recess that occurs
within a session of the Senate, or is instead limited to recesses that
occur between enumerated sessions of the Senate.
2. Whether the President’s
recess-appointment power may be exercised to fill vacancies that exist
during a recess, or is instead limited to vacancies that first arose
during that recess.
