November 9, 2020
Rulings Show Limits Of Federal Agency Vacancy Law
Law360
Litigation and Dispute Resolution Partner Steven Gordon authored an article for Law360 analyzing recent court decisions that have invalidated presidential appointments of individuals to fill senior agency positions on an acting basis. Each position required confirmation by the U.S. Senate, and each case involved the application of the Federal Vacancies Reform Act (FVRA). In his article, Mr. Gordon explains how the decisions have clarified the reach of the FVRA and discusses how effective the act is at protecting the Senate's authority to advise on an consent to these positions.