Supreme Court Sides With Senate Over Vacancy Power

The U.S. Supreme Court made it harder for presidents to temporarily fill vacancies without the advice and consent of the Senate (NLRB v. SW General, Inc., 2017 BL 87442, U.S., No. 15-1251, affirmed 3/21/17).

The 1998 Federal Vacancies Reform Act requires nearly all individuals serving in an acting capacity to step aside while their permanent nomination is being considered—not just a limited few, the court said March 21.

That determination reverses more than 20 years of executive practice by both Republican and Democratic administrations, under which there have been over 100 appointments.

The high court’s decision will definitely ...