National Labor Relations Board, Petitioner v. Sw General, Inc., Dba Southwest Ambulance — Thomas, J., Concurring

Summary

Justice Thomas concurs with the Court’s interpretation of the Federal Vacancies Reform Act but argues separately that the Constitution’s Appointments Clause likely bars the President’s appointment of Lafe Solomon as acting general counsel of the NLRB without Senate confirmation. He reasons that the general counsel is an officer of the United States and probably a principal officer, making Senate advice and consent required. The concurrence therefore raises a constitutional objection to the appointment while agreeing with the majority’s statutory conclusion.