Limiting Presidential Powers at the High Court

Law360

Steven M. Swirsky, a Member of the Firm, and Laura C. Monaco, an Associate, co-authored an article in Law360 titled “Limiting Presidential Powers at the High Court.” (Read the full version – subscription required). 

Following is an excerpt:

On March 21, 2017, the U.S. Supreme Court ruled that the National Labor Relations Board’s former acting general counsel Lafe Solomon served in violation of the Federal Vacancies Reform Act, 5 U.S.C. §§ 3345, et seq. (FVRA) when he continued in that position after then-President Barack Obama nominated him for a full term as general counsel.

By a 6 to 2 vote, the justices affirmed an August 2015 decision by the D.C. Circuit, which found that Solomon improperly served as acting general counsel during the almost three-year period between January 2011 and late 2013, while his nomination for confirmation as the board’s general counsel languished in the Republican-controlled Senate.