Sometimes the biggest news stories are barely reported. Sometimes everyone in the media gets so swept up in the juicy stuff that the more important stories get lost.
Last week was the perfect example of that imbalance.
While everyone in the country seemed to be obsessing about Russian links and secret late night visits to the White House grounds, the Supreme Court quietly put a leash on President Trump.
On March 21, the Court ruled 6-2 against the President in a case involving the temporary appointment of a general counsel to the National Labor Relations Board (NLRB). The man, named Lafe Solomon, served in the role of acting general counsel while he waited to be confirmed by the Senate.
Here’s the issue. Section 2, Article 2 of the Constitution states that the President must nominate and appoint dozens of positions “with the advice and consent of the Senate.” This is why confirmation hearings for members of the Cabinet, the Supreme Court and other government jobs are so contentious. The President is prevented by the Constitution from simply putting people he likes into positions of power. They must be approved by the Senate, through the confirmation process.
This means, of course, that the workings of government can grind to a complete halt if the Senate holds up its approval. In an effort to keep government working smoothly, a law was passed in 1998 that said a person can serve in a position to which they’ve been nominated even before they are confirmed. But only if they have served for at least 90 days as the assistant to the person they hope to succeed.
The President appointed Solomon even though he hadn’t been the assistant to the general counsel he hoped to replace. He’d actually worked in another department. Nevertheless, said the White House lawyers, the Supreme Court should uphold the appointment, because to deny it would be to substantially curb the power of the President to make future temporary appointments.
The Court ruled that Solomon’s appointment violated the law, called the Federal Vacancies Reform Act. They ruled against the President.
But the President who appointed Mr. Solomon was not Donald J. Trump.
It was Barack Obama.
So why is the ruling such a big deal, coming months after the departure of President Obama?
It’s a huge deal because with such a divided Senate, and so much intense partisanship, it is very likely that nominations to key positions will be delayed or denied. This ruling means that President Trump won’t be able to simple fill open positions with people he likes.
His son-in-law, for example. Or some big donor who wants a shot at running a government agency.
This is big news.
And it’s bad news for the authoritarian plans of one President Donald J. Trump.
https://www.youtube.com/watch?v=NLQnuEiWAa4
Featured image via YouTube screengrab.
