Appointments
Acting Appointments and the Constitution’s Original Meaning
There has been much controversy over the naming of Matthew Whitaker, the Chief of Staff of former Attorney General Sessions, to be Acting Attorney General. Whitaker was not serving in a position that required the advice and consent of the Senate. So the question is...
Confirmations and the Senate’s Duty (Again)
At Balkinization, Jason Mazzone: Still the President: Garland, Kavanaugh, Trump. He argues: When, after the death of Justice Scalia in February of 2016, President Obama nominated Merrick Garland to the Supreme Court, Senate Republicans took the position that because...
Mad Dog Mattis, the 7 Year Delay Provision, and the Appointments Clause
President Elect Donald Trump has announced that he will be nominating James “Mad Dog” Mattis to be Secretary of Defense. However, a statute requires “retired military officers to be out of uniform for seven years before they can become the civilian head of the armed...The Evidence Continues to Pile Up on “Recess Appointments”
Earlier this year, the Harvard Journal of Law and Public Policy published my article showing that the Constitution’s Recess Appointments Clause limits presidential vacancy appointments far more than President Obama (and most prior Presidents) have claimed. I posted...