NLRB v. SW General, Inc.

NLRB v. SW General, Inc.
Argued November 7, 2016
Decided March 21, 2017
Full case nameNational Labor Relations Board, Petitioner v. SW General, Inc., dba Southwest Ambulance
Docket no.15-1251
Citations580 U.S. ___ (more)
137 S. Ct. 929; 197 L. Ed. 2d 263
Case history
Prior796 F.3d 67 (D.C. Cir. Aug. 7, 2015).
Holding
The Federal Vacancies Reform Act prevents a person who has been nominated to fill a vacant office requiring Senate confirmation from performing the duties of that office in an acting capacity. The prohibition applies to anyone performing acting service under the FVRA. (D.C. Cir. affirmed)
Court membership
Chief Justice
John Roberts
Associate Justices
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Elena Kagan
Case opinions
MajorityRoberts, joined by Kennedy, Thomas, Breyer, Alito, and Kagan
ConcurrenceThomas
DissentSotomayor, joined by Ginsburg
Laws applied
Federal Vacancies Reform Act of 1998

NLRB v. SW General, Inc., 580 U.S. ___ (2017), was a case in which the Supreme Court of the United States held that a person who has been nominated by the President of the United States for a position cannot hold the same job on an acting basis while awaiting Senate confirmation.[1][2][3]

  1. ^ Slip opinion
  2. ^ Perez-Pena, Richard (March 21, 2017). "Supreme Court Limits President's Power to Fill Vacant Posts". The New York Times.
  3. ^ SCOTUSblog: National Labor Relations Board v. SW General, Inc.