The U.S. Supreme Court has ruled that individuals awaiting confirmation to fill vacant federal positions cannot begin assuming those duties while their confirmation is pending. At issue is the Federal Vacancies Reform Act of 1998 (FVRA), which the court concluded prevents a person nominated to fill a vacant office requiring presidential appointment and Senate confirmation from performing the duties of that office in an acting capacity.
In other words, he or she must wait until confirmed to begin working.
The test case involved President Obama’s attempt to nominate a chief counsel to the National Labor Relations Board while at the same time allowing him to perform the job. Chief Justice Roberts stated that “[a]pplying the FVRA to this case is straightforward” and found that former NLRB acting general counsel Lafe Solomon’s continued service as general counsel violated the FVRA.
Specifically, in a 6-2 decision, the Supreme Cou...(register to read more)