NLRB v. SW General, Inc.
- Case Date: 9/26/2016
- Project Name: Civil Justice Reform
On March 21, 2017, the U.S. Supreme Court rejected the previous administration’s reading of a federal law designed to prevent presidents from evading the Senate’s constitutional advice-and-consent function. The decision marked a victory for WLF, which filed an amicus curiae brief in the case arguing that the government’s self-serving interpretation of the Federal Vacancies Reform Act of 1998 (FVRA) improperly expanded the President’s power to install his permanent nominees as “acting” officers in high-level positions, in defiance of the FVRA. In a 6-2 opinion, the Supreme Court agreed with WLF’s interpretation. Finding the statutory text “clear,” the Court held that “the FVRA’s prohibition preventing a person who has been nominated to fill a vacant office from performing the duties of that office in an acting capacity applies to anyone performing acting service under the FVRA.” WLF’s brief was joined by the Allied Educational Foundation.
More Information and Downloads:
9/26/2016: Download the Brief