With the seat held by the late Justice Antonin Scalia still vacant, it could be anybody’s guess where the majority breaks on this case, but the Supreme Court of the United States (SCOTUS) has agreed to hear an appeal by the NLRB that their acting general counsel had been improperly nominated.  To refresh the issue for you, President Obama nominated Lane Solomon back in 2010 and then installed him without Senate confirmation, claiming the Senate was in recess because they were not formally meeting.  Solomon served as acting NLRB General Counsel until November, 2013.  Congress challenged the appointment and it was invalidated, along with all of the actions taken by the illegally installed Solomon.  The NLRB appealed the District Court’s ruling invalidating the appointment, but was rebuffed again at the DC Circuit Court in April. This past Monday, the court approved the NLRB petition for Certiorari and that the case will be heard in the court’s next term, which begins this October.  In an unrelated but equally important matter, a Minnesota federal court has refused to issue an injunction against the Department of Labor’s “Persuader Rule”, declaring that although some parts of the rule may be illegal, the law firm that initiated the action hadn’t shown a sufficient amount of potential harm to warrant an injunction.