From Sam Hananel’s account of today’s oral argument in the NLRB recess appointments case, it sounds like Victor Williams’s political question argument attracted some attention–at least from Judge Griffith. He must not yet have read this blog’s response to the argument. Or he may still be smarting from the court’s last foray into the political question morass.
Zivotofsky v. Sec’y of State, No. 07-5347, 571 F.3d 1227 (July 10, 2009) (Griffith, J., joined by Williams, S.J., with concurrence by Edwards, J.) [Political Question, Passports] (affirming dismissal of challenge to State Department’s policy of listing only Jerusalem and not Israel on U.S. passports of citizens born there), vacated and remanded, 132 S. Ct. 1421 (2012)