New Process Steel

SCOTUSBLOG reports on Friday the Supreme Court directed the parties to file simultaneous letter briefs in response to Solicitor General Elena Kagan's informing the Court that President Obama had made two recess appointments to the NLRB. Its unclear what this is about. Is the Court inviting the NLRB to cure any problem with 2 member decisions? This invitation would be expected if there was a perceived reason that the Court should not hear the case on the merits. Maybe its just a formal invitation to respond as to the possible effects, without signaling a perception of anything. Approximately 600 Board decisions have been rendered when the NLRB had only 2 members. The case is New Process Steel v. NLRB (docket 08-1457).