Bloomberg Law
Nov. 7, 2016, 5:53 PM UTC

SCOTUS May Choose Senate in Advice and Consent Fight

Kimberly Strawbridge Robinson

By Kimberly Strawbridge Robinson, Bloomberg BNA

A fight over the president’s power to fill temporary vacancies without the advice and consent of the Senate played out at the U.S. Supreme Court Nov. 7.

The parties agree that Congress passed the 1998 Federal Vacancies Reform Act to regain the power it had lost when presidents from both parties flouted the previous law’s requirements, including by appointing their desired nominee to a lower position and then allowing them to serve as the “acting” official.

But the parties disagree on whether a person serving in an acting capacity may continue to serve after being ...

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