A court says Lafe Solomon should not have had the job.
One of President Obama’s legacies will be his abuse of executive authority, and his hits keep coming. On Friday a federal appeals court struck down a ruling of the National Labor Relations Board because, incredibly, its acting general counsel was in the job illegally.
The scofflaw was Lafe Solomon, whom readers may recall for his legal complaints against the likes of Boeing for wanting to build planes in right-to-work South Carolina instead of union-dominated Washington. It turns out Mr. Solomon was the one violating the law.
A unanimous three-judge panel of the D.C. Circuit Court of Appeals struck down a 2014 NLRB ruling against an Arizona ambulance company, SW General. The panel found that Messrs. Solomon and Obama had violated the Federal Vacancies Reform Act, which generally holds that a person cannot serve as an “acting” officer of an agency while also nominated for the post.