Donald Trump, Matthew Whitaker

Klukowski: The Legal Case for Matthew Whitaker’s Appointment as Acting Attorney General

It is hard to see how arguments that President Trump cannot appoint Matthew Whitaker as acting attorney general, because even temporary top positions must be Senate-confirmed, could be correct. Otherwise the Constitution could deprive the nation of a functioning government every time a new party wins the presidency while the opposition party holds the Senate.

Elena Kagan

Supreme Court Rules that SEC Judges are Unconstitutional

The Supreme Court ruled 7-2 that administrative law judges at federal agencies are “officers of the United States” who must be appointed by department heads, and that the judges at the SEC violate the Constitution’s Appointments Clause because those ALJs are appointed by staff employees.