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Appointments Clause

All articles tagged with #appointments clause

Legal Challenge Tests Trump’s Power to Install U.S. Attorneys Without Senate Confirmation
politics1 month ago

Legal Challenge Tests Trump’s Power to Install U.S. Attorneys Without Senate Confirmation

Trump’s strategy of circumventing Senate confirmation by installing acting or interim U.S. attorneys is being challenged in Seattle, where judge-appointed U.S. attorney Roger Rogoff has filed a federal suit seeking to be restored as interim U.S. attorney and to block his removal. The case argues such firings and appointing powers violate the Appointments Clause and federal law, potentially setting up a fast track to the 9th Circuit or Supreme Court and marking a broader confrontation over Trump’s control of U.S. attorney slots in blue states.

via Talking Points Memo|
#appointments-clause#politics#rogoff-lawsuit
Fired U.S. attorney sues Trump, seeking to stay in post until successor named
politics1 month ago

Fired U.S. attorney sues Trump, seeking to stay in post until successor named

Roger Rogoff, sworn in as U.S. attorney for the Western District of Washington, was fired after about 54 minutes and has sued the Trump administration, arguing the firing was unlawful and asking to remain in his post until a permanent nominee is named and confirmed; the lawsuit centers on the Appointments Clause and federal appointment rules, while the DOJ and White House say the president can appoint and fire acting U.S. attorneys and district courts can appoint temporary replacements.

via NBC News|
#appointments-clause#doj#firing
Judge Again Finds NJ US Attorney Leadership Unlawfully Appointed
law5 months ago

Judge Again Finds NJ US Attorney Leadership Unlawfully Appointed

A federal judge ruled that the District of New Jersey U.S. Attorney’s Office leadership—divided among three appointees after Alina Habba’s disqualification—was unlawfully appointed and exceeded the Attorney General’s authority, potentially affecting pending cases; this marks the second such ruling in under a year and reflects broader challenges to interim U.S. attorneys nationwide.

via CBS News|
#alina-habba#appointments-clause#brann
Court voids Kari Lake’s USAGM leadership and undoes mass layoffs
politics5 months ago

Court voids Kari Lake’s USAGM leadership and undoes mass layoffs

A federal judge ruled that Kari Lake unlawfully led the U.S. Agency for Global Media without Senate confirmation, voiding mass layoffs and other actions taken during her tenure, with the court citing the Appointments Clause and Vacancies Act; Lake says she will appeal, while VOA staff view the ruling as a step toward restoring operations and journalistic independence.

via The Guardian|
#appointments-clause#kari-lake#politics
Judge voids Kari Lake’s VOA actions over improper appointment
politics5 months ago

Judge voids Kari Lake’s VOA actions over improper appointment

A federal judge ruled that Kari Lake’s tenure as acting CEO of the Voice of America violated federal law, voiding a broad set of staff cuts and shutdowns she oversaw; the court found she was not lawfully serving and thus unable to exercise CEO authority under the Federal Vacancies Reform Act and the Appointments Clause, with the actions taken between July 31 and November 19, 2025, being void and a court-ordered pause on layoffs remaining in place as the case proceeds with Lake appealing.

via CNBC|
#appointments-clause#federal-vacancies-reform-act#kari-lake
Court voids Kari Lake’s USAGM leadership, halting VOA layoffs
politics5 months ago

Court voids Kari Lake’s USAGM leadership, halting VOA layoffs

Federal judge Royce C. Lamberth ruled that Kari Lake unlawfully ran the U.S. Agency for Global Media last year, voiding mass VOA layoffs and other actions, in a rebuke of her bid to lead the agency. The ruling cites violations of the appointments clause and the Federal Vacancies Reform Act, and VOA staff and press-freedom groups hailed it as a restoration of operations, though Lake said she will appeal and the impact on staff remains uncertain.

via CNN|
#appointments-clause#judge-lamberth#kari-lake
Virginia Judge Bans Halligan From Using 'U.S. Attorney' Title
politics7 months ago

Virginia Judge Bans Halligan From Using 'U.S. Attorney' Title

A federal judge in the Eastern District of Virginia barred Lindsey Halligan from referring to herself as United States Attorney in court filings, saying her appointment was unlawful and that continuing to use the title ignores a binding court order; the DOJ had argued otherwise but reversed, and Halligan’s status remains disputed as the court seeks a replacement for the position.

via CBS News|
#appointments-clause#eastern-district-of-virginia#judge-david-novak
When a Brief Becomes a Burn: The Halligan Controversy in Virginia
law7 months ago

When a Brief Becomes a Burn: The Halligan Controversy in Virginia

A Virginia case hinges on the DOJ’s decision to have Halligan continue as U.S. Attorney despite a judge’s ruling that her appointment may be unlawful; the government’s response brief is criticized for vitriolic rhetoric and threats toward the judge. The piece argues that, even with a sound legal position, such rhetoric undermines court relations and that the proper path is appellate review rather than courtroom invective, with the matter likely headed to the Fourth Circuit for resolution.

via Lawfare|
#appointments-clause#doj#halligan
politics7 months ago

DOJ doubles down on Halligan’s interim U.S. attorney status despite disqualification

The Justice Department says Lindsey Halligan remains the interim U.S. attorney for the Eastern District of Virginia despite a judge’s ruling that her appointment violated the Appointments Clause, arguing that the Currie ruling applied only to the James and Comey cases and did not force Halligan to relinquish the title. DOJ officials criticized Judge Novak’s request for an explanation as procedural overreach and noted that replacement authority would lie with the district court until the Senate confirms a nominee.

via Politico|
#appointments-clause#doj#eastern-district-of-virginia
DOJ defends Halligan's U.S. attorney status amid court clash over appointment validity
politics7 months ago

DOJ defends Halligan's U.S. attorney status amid court clash over appointment validity

DOJ lawyers defended Lindsey Halligan’s continued use of the U.S. attorney title after a judge ruled her interim appointment invalid, arguing the Currie decision doesn’t bar her from all duties and blasting the demand for justification as an abuse of power; Novak ordered Halligan to explain why she uses the title, while Currie previously held the appointment violated the Appointments Clause and voided indictments related to James Comey and Letitia James, highlighting a high-stakes dispute over appointment authority in Virginia’s Eastern District.

via CBS News|
#appointments-clause#comey#doj
Constitutionality of Jack Smith's Appointment Challenged in Supreme Court
politics2 years ago

Constitutionality of Jack Smith's Appointment Challenged in Supreme Court

Former Attorney General Ed Meese, along with law professors Steven G. Calabresi and Gary S. Lawson, filed a friend-of-the-court brief arguing that Special Counsel Jack Smith's appointment by Attorney General Merrick Garland is unconstitutional. They claim that Smith, a private citizen, lacks the authority to represent the United States in the Supreme Court and that his appointment violates the Appointments Clause of the Constitution. They argue that Smith's petition should be denied, citing the absence of statutory authority and the requirement for presidential appointment and senatorial confirmation for such a position. Smith had requested expedited consideration of former President Donald Trump's case regarding presidential immunity for his actions on January 6, 2021.

via Fox News|
#appointments-clause#constitution#politics