March 22, 2017 7:05 AM

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US Supreme Court limits president's power to fill temporary postsading

US Supreme Court on Tuesday limited the President's power to temporarily fill vacant government posts while nominations are tied up in partisan political fights. <br/><br/>The 6-2 ruling said a former top lawyer at the National Labor Relations Board had served in violation of a federal law governing such appointments. Writing for the court, Chief Justice John Roberts said that Lafe Solomon was not allowed to serve as acting general counsel of the agency that enforces labor laws while he was at the same time nominated to fill that role permanently.<br/>'<br/>At issue is a 1998 law aimed at preventing the President from using temporary appointments to bypass the Senate's advice-and-consent role. The Federal Vacancies Reform Act says a person nominated for a post requiring Senate confirmation can't serve in the same position on a temporary basis.But the law contains an exception if the nominee served<br/>for 90 days as a "first assistant" to the person who<br/>previously held the office. The Obama administration said the<br/>exception also covered Solomon because he had been a director<br/>at a different office at the NLRB.<br/>'<br/>President Barack Obama named Solomon acting general counsel in June 2010 and he held the office until Nov. 4, 2013. But he never won Senate confirmation because Republicans viewed him as too favorable to labor unions.

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