AG FERGUSON ISSUES STATEMENT AFTER JOINING BRIEF CHALLENGING WHITAKER'S AUTHORITY
Source: Press release
Attorney General Bob Ferguson issued the following statement today after joining an amicus friend of the court brief supporting the State of Marylands challenge to the constitutionality of Matthew Whitakers appointment as Acting U.S. Attorney General:
Once again, President Trump is ignoring the law, this time by appointing an illegitimate attorney general, said Ferguson. This must be challenged.
The brief, signed by 14 other Attorneys General, supports Marylands request to block Whitaker from exercising the authority of the U.S. Attorney Generals office, or to substitute Deputy Attorney General Rod Rosenstein in his place. The Attorneys General point out that Whitakers appointment is fraught with constitutional doubts.
The legal controversy surrounding Mr. Whitakers appointment has threatened the legitimacy of the Departments actions and the vital relationship between the Department and the States, the Attorneys General write. The Amici States therefore have an urgent interest in a lawful resolution of this issue, so that no doubts surround the legitimacy and authority of the Office of the U.S. Attorney General.
Read more: http://www.atg.wa.gov/news/news-releases/ag-ferguson-issues-statement-after-joining-brief-challenging-whitaker-s-authority
Gothmog
(145,231 posts)Gothmog
(145,231 posts)I look forward to reading this amicus brief https://yubanet.com/usa/ag-racine-leads-15-state-coalition-seeking-to-block-illegal-appointment-of-matthew-whitaker-as-acting-attorney-general/
The amicus brief, filed Monday with the United States District Court for the District of Maryland, supports Marylands motion for a preliminary injunction in an ongoing lawsuit against the federal government regarding the Affordable Care Act. The motion seeks to stop Whitaker from exercising the authority of the U.S. Attorney General, or to substitute Deputy Attorney General Rod Rosenstein as a defendant in the suit. According to the brief, the states have concluded that Mr. Whitakers appointment is illegal, ignores long-established vacancy succession laws, and is in violation of Congresss clear designation of the Deputy Attorney General as the Acting Attorney General.
The brief argues for a prompt resolution of the legal uncertainty surrounding Mr. Whitakers appointment because it leaves DOJ decisions open to legal challenge. This could cause the amici states significant harm, because the states rely on the legitimacy of DOJ actions. The U.S. Attorney General takes many actions that fundamentally affect the lives of District residents, and the Office of the Attorney General (OAG) for the District of Columbia works closely with DOJ on a daily basis. Therefore, the District and the other states joining the brief have a compelling interest in DOJs ability to work effectively and consistently under the rule of law.
In the brief, the attorneys general note that Congress has protected the Senates confirmation power by specifying that, in the event of a vacancy in the U.S. Attorney Generals office, the Senate-confirmed Deputy Attorney General, if available, temporarily assumes the position until a new appointee is confirmed. Since Congress first established DOJ in 1870, it has provided for a specific order of succession in the U.S. Attorney Generals office to maintain continuity of government. The appointment of Whitaker directly undermines Congress intent in creating this order of succession.
maxsolomon
(33,345 posts)the SCOTUS? they might.
the Senate? they won't.
it can't possibly be the House.
Johnyawl
(3,205 posts)...What the Courts can do is to deny him any authority over the JD until the Senate approves him.
pdsimdars
(6,007 posts)rule of law
KT2000
(20,577 posts)He has a good record of suits against the administration.