The Labor Board concluded that in Cuda's case, "[T]he [class action] waiver interferes with the workers' substantive rights under the NLRA ."[ref] Id. at 13. In addition, the fate of the D.R. Horton decision will depend on the outcome of the Supreme Court's opinion in Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013), cert granted, No. 12-1281 (U.S. June 24, 2013), in which the D.C. Circuit held that three of President Obama's recess appointments to the National Labor Relations Board (NLRB) were unconstitutional so that all the cases decided in their term, including D.R. Horton, were invalid. The Supreme Court granted cert to review the Canning decision on June 24, 2013.[/ref]