NLRB decisions after Noel Canning (2013-2014)
The Supreme Court ruled in NLRB v. Noel Canning that three board appointments were unconstitutional recess appointments. Hundreds of NLRB decisions suddenly carried a procedural defect.
The board re-issued around 300 decisions to cure the appointment defect.
Established the ratification doctrine as a standard cure for agency actions with procedural flaws.
Shows how agencies repair challenged actions by retroactive ratification rather than starting over — the same mechanism DHS used here.
