[1][2][3] The Federal Vacancies Reform Act of 1998 requires the executive branch departments and agencies to report to Congress and Government Accountability Office information about the temporary filling of vacant executive agency positions that require presidential appointment with Senate confirmation.

[4] President Barack Obama nominated Lafe Solomon to serve as general counsel at the NLRB in January 2011, which was returned by the Senate in 2013 as it had expired, and again in May 2013.

[8] On November 7, 2016, oral arguments were heard before the Supreme Court, where acting Solicitor General Ian Heath Gershengorn appeared for the government.

[10] Chief Justice John Roberts wrote that the exception did not cover Solomon, rejected the government's argument that a ruling against it would hamstring future presidents and call into question dozens of temporary appointments made over the years, and dismissed arguments that historical practice supported the government.

Since the law was enacted in 1998, three presidents have nominated 112 people for permanent posts who also were serving as acting officials.