Even though President Obama has appointed two new board members to the National Labor Relations Board (NLRB), leaving only one vacancy remaining on the five-member board, the Supreme Court still should rule on a case challenging the legality of board rulings in which only two members participated, according to both sides in a pending case. New Process Steel has argued that the NLRB cannot legally take action when the board has fewer than three members.

According to ScotusBlog, in supplemental letter briefs filed on Monday, lawyers for both the NLRB and New Process Steel said President Obama's recent recess appointments do not end the need for a final ruling in the case, argued March 23. On April 10, the court told both parties to address what impact, if any, the appointments should have on the outcome of the case.

You can also read the Solicitor General's letter brief, and New Process' letter brief.