Ninth Circuit Review-Reviewed: FVRA Eviscerated (albeit less so than in other circuits)
In mid-July, a divided Ninth Circuit panel rendered the Federal Vacancies Reform Act (FVRA) a “near dead letter,” to quote from Judge Morgan Christen’s dissent. Before we get to the majority’s decision, let’s start with the backstory. The Constitution, of course, requires high-level officers to be appointed by the President with the “advice and consent” […]