Steven M. Swirsky Quoted in “High Court Sets Limits on Presidential Appointment Power”

Law360

Steven M. Swirsky, a Member of the Firm in the Employment, Labor & Workforce Management and Health Care and Life Sciences practices, in the firm’s New York office, was quoted in Law360, in “High Court Sets Limits on Presidential Appointment Power,” by Vin Gurrieri. (Read the full version – subscription required.)

Following is an excerpt:

Steven Swirsky, a member at Epstein Becker Green, has a similar outlook, telling Law360 that the potential impact of Tuesday’s high court ruling “may be much greater [at] other agencies” than it will be with the NLRB, adding “there will be more selectivity as to who can be an interim appointee.”

“It may tie the executive [branch’s] hands because they will have less discretion as to who they can appoint,” he said.

While presidents will still retain the ability to appoint senior officials to acting PAS positions and subsequently tap them to fill those jobs permanently, Swirsky said those temporary appointees would have to be replaced after they are nominated.

One drawback in that situation, according to Swirsky, is that “you lose continuity if you have to take that person out” of the temporary role.

Mr. Swirsky also co-authored a post about this issue on Epstein Becker Green's Management Memo blog.