Congress passed the Federal Vacancies Reform Act of 1998 which required Presidential appointees to federal agencies to be confirmed by the Senate. President Obama sought to avoid the confirmation process by installing his permanent nominees as “acting” officers. This particular case arises from his appointment of Lafe Solomon as acting General Counsel to the National Labor Relations Board. AEF and its partner, Washington Legal Foundation, argued in support of upholding the DC Circuit’s opinion which held that permitting a permanent appointment to begin work as an “acting” appointment would enable the President to avoid important constitutional prerequisites. The Supreme Court, in National Labor Relations Board v. SW General, agreed 6-2 that the President once again exceeded his authority in his quest to expand his executive authority in violation of the separation of powers principles embodied in the Constitution.
AEF is dedicated to upholding the Constitution. We welcome your support in this mission.