National Senior Citizens Law Center v. Legal Services Corporation , 751 F.2d 1391 ( 1985 )

MacKINNON, Senior Circuit Judge

(concurring):

I concur in the foregoing opinion on the ground that the amendment brought about by Instruction 83-9 is impermissible at this time because of the recess appointment status of the board. The clearly expressed intent of Congress was to continue funding at pre-existing levels until the directors of the Legal Service Corporation had been confirmed in accordance with § 1004(a) of the Legal Services Corporation Act. In reaching this conclusion I do not wish to be interpreted as ruling at this time that Instruction 83-9 would in any way be improper, illegal or inadvisable if the directors of the corporation had been confirmed in accordance with the applicable Act.