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- Last November, I got a preview of the oral argument for National Labor Relations Board v. Noel Canning, the case about recess appointments that the Supreme Court will hear Monday. Noel Francisco, the attorney who will represent the Noel Canning company in challenging those appointments, was my debate opponent at my local Federalist Society chapter. I’m an academic on the progressive end of the spectrum with expertise in separation of powers law; I’d been invited, as I sometimes am by conservative colleagues to represent that perspective with noted legal figures aligned with their point of view.