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FOR IMMEDIATE RELEASE: SCOTUS decision in NLRB v CANNING only first step to curb executive overreach

November 7, 2014

Goldwater Institute Vice President for Litigation Clint Bolick praised this morning’s U.S. Supreme Court ruling in NLRB v. Canning, calling it an “important first step” in curbing federal abuse. The Goldwater Institute has separately taken on the NLRB, recently winning a federal lawsuit against the agency. In that case, the NLRB attempted to invalidate secret ballot protections for workers passed in nearly ten states (drafted by the Goldwater Institute and known as the Save Our Secret Ballot amendment) because the agency wanted to reserve the right to implement federal “card check” on American workers and businesses. Stated Bolick this morning:

Today’s unanimous decision by the nine justices is an important first step in curbing abuses by the country’s executive now and in the future, whether Republicans or Democrats are in power. The NLRB appointments at issue in this case were made by the President during congressional recesses to deliberately avoid the vetting process for political appointees that is central for our nation’s checks and balances to succeed. Fortunately, thanks to this decision, we can rein in that abusive process. But we must be steadfast in our fight against practices of this kind, and today’s victory is only one piece in the solution to curbing federal overreach. The NLRB, in particular, led by unvetted political appointees, has shown itself as an agency willing to make an end-run around the legislative process to seek major changes to the American landscape, most notably through efforts to implement card check nationwide through obscure agency rulemaking without the attention of the American public. That’s why we must continue to counterbalance federal overreach through reforms like Save Our Secret Ballot to protect American workers and the American economy no matter who is holding these agency seats and no matter how they come to hold office.”

In addition to serving as Vice President for Litigation at the Goldwater Institute, Bolick is a research fellow at the Hoover Institute and the co-author of Immigration Wars with former Florida Governor Jeb Bush. He previously worked in the Justice Department during the Reagan Administration and co-founded the Institute for Justice.


To schedule an interview with the Goldwater Institute, please contact Blake Wilson ( or 602-633-8961). For television producers: The Institute has an in-house VideoLink studio for rapid cable hook-up to networks. 



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