In National Labor Relations Board v. SW General, the Supreme Court limited the President’s ability to fill vacancies under the Federal Vacancies Reform Act of 1998 (FVRA). By a vote of 7-2, the Court held that a person can’t serve in an acting capacity as the head of a federal agency once being nominated to permanently serve in the role if the position requires U.S. Senate confirmation. Accordingly, the Court further held that President Barack Obama’s temporary appointment of general counsel for the National Labor Review Board (NLRB) exceeded his legal authority.
