The U.S. Courts of Appeals for the First, Second, and Seventh Circuits upheld the two-member NLRB's authority to decide cases, while the U.S. Court of Appeals for the D.C. Circuit rejected its authority. In September 2009, the Justice Department asked the U.S. Supreme Court to immediately hear its appeal from the Seventh Circuit's decision in "New Process Steel, L.P. v. NLRB" and settle the dispute, given the high stakes involved. The Supreme Court granted certiorari in October and agreed to decide the issue.