Labor & Employment » SCOTUS Takes Up NLRB GC Appointment

SCOTUS Takes Up NLRB GC Appointment

June 20, 2016

Illustration_worker jumpin

The Supreme Court will consider an appeals court ruling that bars presidential appointees from performing a job on an acting basis while also awaiting Senate confirmation to fill that job permanently. The case centers on a complaint at the National Labor Relations Board that was filed while Lafe Solomon was acting as the Board’s general counsel, and was also President Obama’s nominee to fill that post permanently. A federal appeals court in Washington ruled that under the 1998 Federal Vacancies Reform Act, nominees can only fill a position on an acting basis if they were previously serving as first assistant to that post for at least 90 days. The administration believes that reading of the 1998 statute “substantially alters the president’s authority,” and “calls into question high-level executive branch actions under three different presidents,” said Donald Verrilli, U.S. Solicitor General.

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