United States Supreme Court

In an action brought under the Federal Vacancies Reform Act of 1998 (FVRA), involving the ability of the nominated but not confirmed general counsel of the National Labor Relations Board to perform the duties of general counsel, the D.C. Circuit Court of Appeals' conclusion -- that the prohibition on acting service by nominees contained in subsection 3345(b)(1) of the FVRA applies to all acting officers, regardless of whether they serve pursuant to subsection (a)(1), (a)(2), or (a)(3) -- is affirmed where where: 1) a) subsection (b)(1) of the FVRA prevents a person who has been nominated to fill a vacant office requiring Presidential appointment and Senate confirmation (PAS office) from performing the duties of that office in an acting capacity, b) the prohibition applies to anyone performing acting service under the FVRA, and c) it is not limited to first assistants performing acting service under subsection (a)(1); and 2) applying the FVRA to this case is straightforward, as subsection (b)(1) prohibited Solomon from continuing his service as acting general counsel once the President nominated him to fill the position permanently.

Appellate Information

• Published 2017/03/21

Judges

• ROBERTS

Court

• United States Supreme Court

Counsel