“The Supreme Court on Tuesday limited the president’s power to temporarily fill vacant government posts while nominations are tied up in partisan political fights.
The 6-2 ruling said a former top lawyer at the National Labor Relations Board had served in violation of a federal law governing such appointments.
Writing for the court, Chief Justice John Roberts said that Lafe Solomon was not allowed to serve as acting general counsel of the agency that enforces labor laws while he was at the same time nominated to fill that role permanently.
At issue is a 1998 law aimed at preventing the president from using temporary appointments to bypass the Senate’s advice-and-consent role. The Federal Vacancies Reform Act says a person nominated for a post requiring Senate confirmation can’t serve in the same position on a temporary basis.”