The Department of Justice has filed a 20-page brief with the U.S. Court of Appeals for the Third Circuit in an attempt to dissuade the court from embracing the D.C. Circuit Courts ruling in Noel Canning v. National Labor Relations Board, in which the court declared unconstitutional President Obamas recess appointments of three members of the NLRB. The Noel Canning decision conflicts with nearly two centuries of executive branch practice and the decisions of three other courts of appeals, two of them sitting en banc, Beth...