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National Labor Relations Board v. SW General, Inc.

Docket No.15-1251
Op. BelowD.C. Cir.
ArgumentNov 7, 2016
Vote6-2
AuthorJohn Roberts
OpinionMar 21, 2017
TermOctober Term 2016
SCOTUS PageOpinion

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 John Roberts on Mar 21, 2017. Justice Thomas filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined.

Proceedings & orders timeline

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

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