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DOOLIN SECURITY SAV. BANK v. OFFICE OF THRIFT SUPERVISION

No. 97-1222.

139 F.3d 203 (1998)

DOOLIN SECURITY SAVINGS BANK, F.S.B., Petitioner v. OFFICE OF THRIFT SUPERVISION and Nicolas P. Retsinas, Director, Office of Thrift Supervision, Respondents

United States Court of Appeals, District of Columbia Circuit.

Decided March 27, 1998.

Attorney(s) appearing for the Case

John C. Deal argued the cause and filed the briefs for petitioner.

Aaron B. Kahn, Principal Litigation Counsel, Office of Thrift Supervision, argued the cause for respondents. With him on the brief were Thomas J. Segal, Deputy Chief Counsel, Elizabeth R. Moore, Assistant Chief Counsel, and Jacqueline H. Fine, Trial Attorney.

Irene M. Solet, Attorney, U.S. Department of Justice, argued the cause for amicus curiae United States. With her on the brief were Frank W. Hunger, Assistant Attorney General, Mary Lou Leary, Acting U.S. Attorney at the time the brief was filed, Stephen W. Preston, Deputy Assistant Attorney General, U.S. Department of Justice, Douglas N. Letter, Litigation Counsel, and H. Thomas Byron, III, Attorney.

Theodore B. Olson, Paul Blankenstein, Mark A. Perry, John K. Villa, Mary G. Clark, Bettina M. Lawton, Frank J. Eisenhart, and Arthur W. Leibold, Jr., were on the brief for amici curiae Maxxam, Inc., et al. Richard P. Keeton entered an appearance.

Before: HENDERSON, RANDOLPH, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Article II of the Constitution allows the President to appoint Officers of the United States by and with the consent of the Senate. The President may also make temporary appointments of Officers without Senate confirmation for "Vacancies that may happen during the Recess of the Senate." What if an appointee resigns or dies while the Senate is in session? Must the office remain...

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