[kabar]

My initial impression is that they will have to be renominated. Reid can expedite the process and with just 51 votes have the same people on the board.

The only real sticking point is the decisions that they have been made by the board with illegal members. No doubt, they will have to reissue those decisions to avoid legal suits. There may still be lawsuits if people have suffered damages due to the prior board decisions.

[Red Badger]

So, really, it’s just a matter of paper shuffling.........................

[BuckeyeTexan]

Obama later withdrew the nominations of the two whom he illegally appointed. He appointed two replacements, who, along with the three previously appointed and awaiting confirmation, were confirmed by the Senate on July 29, 2013.

Any decisions made by the board when the two served illegally are null and void. I believe there were some 800 decisions during that time.

Those on the board at this time are there legally and their decisions stand, unless later found specifically unconstitutional.