High Court Set To Clarify Presidential Appointment Limits

The article, “High Court Set To Clarify Presidential Appointment Limits,” featured in Law360, discussed how on Monday, the U.S. Supreme Court will consider the National Labor Relations Board’s (NLRB) argument that Lafe Solomon's three-year tenure as acting NLRB general counsel was legitimate.

Steve Bernstein said that the effect of the Supreme Court’s eventual ruling, at least in terms of the NLRB, is that it may affect future NLRB general counsel nominations and could impact the way presidents go about filling vacant agency posts across many federal agencies besides the labor board.

“If [the high court’s ruling] goes against the federal government, the next administration could be wise to tread more carefully before slotting senior officials into an acting role while [their nominations proceed],” Steve said.

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