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National Labor Relations Board v. SW General, Inc.

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

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)
04/06/2016Petition for a writ of certiorari filed. (Response due May 9, 2016)
05/09/2016Brief of respondent SW General, Inc., dba Southwest Ambulance in opposition filed.
05/24/2016DISTRIBUTED for Conference of June 9, 2016.
05/24/2016Reply of petitioner National Labor Relations Board filed. (Distributed)
06/10/2016Letter 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)
06/13/2016DISTRIBUTED for Conference of June 16, 2016.
06/20/2016Petition GRANTED.
06/30/2016The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 12, 2016.
06/30/2016The time to file respondent's brief on the merits is extended to and including September 19, 2016.
08/05/2016Motion to dispense with printing the joint appendix filed by petitioner National Labor Relations Board.
08/12/2016Brief of petitioner National Labor Relations Board filed.
08/18/2016Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed.
08/19/2016Brief amicus curiae of Constitutional Accountability Center filed.
09/02/2016SET FOR ARGUMENT On Monday, November 7, 2016
09/09/2016Record has been requested from the U.S.C.A. District of Columbia Circuit.
09/19/2016Brief of respondent SW General, Inc., dba Southwest Ambulance filed.
09/23/2016Record received from the U.S.C.A. District of Columbia Circuit is electronic and located on PACER.
09/23/2016Brief amicus curiae of Southeastern Legal Foundation filed.
09/26/2016Brief amicus curiae of Morton Rosenberg filed.
09/26/2016Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed.
09/26/2016Brief amici curiae of National Federation of Independent Business, et al. filed. (Distributed)
09/26/2016Brief amicus curiae of Chamber of Commerce of the United States filed. (Distributed)
09/26/2016Brief amici curiae of Senators John McCain and Thom Tillis urging affirmance filed. (Distributed)
09/26/2016Brief amici curiae of West Virginia, et al. filed. (Distributed)
09/26/2016Brief amicus curiae of Cato Institute filed. (Distributed)
09/28/2016CIRCULATED
10/03/2016Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
10/19/2016Reply of petitioner National Labor Relations Board filed. (Distributed)
11/07/2016Argued. For petitioner: Ian H. Gershengorn, Acting Solicitor General, Department of Justice, Washington, D. C. For respondent: Shay Dvoretzky, Washington, D. C.
03/21/2017Adjudged 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.
04/24/2017JUDGMENT ISSUED