WASHINGTON (AP) – The Supreme Court on Monday raised doubts about the temporary appointment of a former labor official in a case that could limit the president’s power to fill top government posts.
The justices considered whether Lafe Solomon was allowed to serve as acting general counsel of the National Labor Relations Board while he was at the same time nominated to fill that role permanently.
The outcome of the case could affect the next administration if the new president and the Senate remain at odds over nominations to agencies at the center of partisan political fights. It also raises questions about the validity of decisions made by a half-dozen other temporary officials who still have nominations pending.
President Barack Obama named Solomon acting general counsel in June 2010 and he held the office until Nov. 4, 2013. But he was never confirmed by the Senate, where Republicans saw him as too favorable to labor unions.
At issue is a 1998 law that seeks to prevent the president from using temporary appointments to bypass the Senate’s advice-and-consent role. A federal appeals court ruled last year that Solomon’s tenure was invalid under the complex requirements of the law.