In December 2007, the terms for three of the Board's five members were set to expire. President George W. Bush's nominees were blocked by Senate Democrats. On December 16, 2007, Chairman Robert J. Battista's term expired and member Wilma Liebman took over as chairwoman for the remaining four-person Board. On December 28, 2007, with the terms of members Peter Kirsanow and Dennis Walsh set to expire on New Year's Eve, the four-member Board delegated all of its powers to the three-person panel of Chairwoman Liebman and members Kirsanow and Peter Schaumber. By doing so, the Board operated under the assumption that the two remaining members, Liebman and Schaumber, were able to make decisions as a majority of the designated three-person Board.
