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National Labor Relations Board v. SW General, Inc.

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Docket No. Op. Below Argument Opinion Vote Author Term
15-1251 D.C. Cir. Nov 7, 2016 Mar 21, 2017 6-2 Roberts OT 2016

Disclosure: Vinson & Elkins LLP, whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the respondent in this case.

Holding: (1) Subsection (b)(1) of the Federal Vacancies Reform Act of 1998, which prevents a person who has been nominated to fill a vacant office requiring presidential appointment and Senate confirmation from performing the duties of that office in an acting capacity, applies to anyone performing acting service under the FVRA and is not limited to first assistants performing acting service under Subsection (a)(1); and (2) Subsection (b)(1) prohibited Lafe Solomon from continuing his service as acting general counsel of the National Labor Relations Board once the president nominated him to fill the position permanently.

Judgment: Affirmed, 6-2, in an opinion by Chief Justice Roberts on March 21, 2017. Justice Thomas filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 6 2016Petition for a writ of certiorari filed. (Response due May 9, 2016)
May 9 2016Brief of respondent SW General, Inc., dba Southwest Ambulance in opposition filed.
May 24 2016DISTRIBUTED for Conference of June 9, 2016.
May 24 2016Reply of petitioner National Labor Relations Board filed. (Distributed)
Jun 10 2016Letter dated June 9, 2016, received from the Solicitor General calling the Court's attention to a new decision from the United States Court of Appeals for the Third Circuit. (Distributed)
Jun 13 2016DISTRIBUTED for Conference of June 16, 2016.
Jun 20 2016Petition GRANTED.
Jun 30 2016The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 12, 2016.
Jun 30 2016The time to file respondent's brief on the merits is extended to and including September 19, 2016.
Aug 5 2016Motion to dispense with printing the joint appendix filed by petitioner National Labor Relations Board.
Aug 12 2016Brief of petitioner National Labor Relations Board filed.
Aug 18 2016Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed.
Aug 19 2016Brief amicus curiae of Constitutional Accountability Center filed.
Sep 2 2016SET FOR ARGUMENT On Monday, November 7, 2016
Sep 9 2016Record has been requested from the U.S.C.A. District of Columbia Circuit.
Sep 19 2016Brief of respondent SW General, Inc., dba Southwest Ambulance filed.
Sep 23 2016Record received from the U.S.C.A. District of Columbia Circuit is electronic and located on PACER.
Sep 23 2016Brief amicus curiae of Southeastern Legal Foundation filed.
Sep 26 2016Brief amicus curiae of Morton Rosenberg filed.
Sep 26 2016Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed.
Sep 26 2016Brief amici curiae of National Federation of Independent Business, et al. filed. (Distributed)
Sep 26 2016Brief amicus curiae of Chamber of Commerce of the United States filed. (Distributed)
Sep 26 2016Brief amici curiae of Senators John McCain and Thom Tillis urging affirmance filed. (Distributed)
Sep 26 2016Brief amici curiae of West Virginia, et al. filed. (Distributed)
Sep 26 2016Brief amicus curiae of Cato Institute filed. (Distributed)
Sep 28 2016CIRCULATED
Oct 3 2016Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Oct 19 2016Reply of petitioner National Labor Relations Board filed. (Distributed)
Nov 7 2016Argued. For petitioner: Ian H. Gershengorn, Acting Solicitor General, Department of Justice, Washington, D. C. For respondent: Shay Dvoretzky, Washington, D. C.
Mar 21 2017Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Thomas, Breyer, Alito, and Kagan, JJ., joined. Thomas, J., filed a concurring opinion. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, J., joined.
Apr 24 2017JUDGMENT ISSUED