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Is what happened to Alina Habba constitutional?
| diverse very tactful people who are hurt | 07/23/25 |
| aromatic spot potus | 07/23/25 |
| diverse very tactful people who are hurt | 07/23/25 |
| aromatic spot potus | 07/23/25 |
| diverse very tactful people who are hurt | 07/23/25 |
| Vibrant orchid scourge upon the earth | 07/23/25 |
| olive tanning salon degenerate | 07/23/25 |
Poast new message in this thread
Date: July 23rd, 2025 12:01 PM Author: diverse very tactful people who are hurt (http://www.autoadmit.com/thread.php?thread_id=5753702&forum_id=2/en-en/#49124582) |
Date: July 23rd, 2025 12:21 PM Author: aromatic spot potus So "interim" appointments last 120 days, at which point the district's judges vote on and appoint a permanent US Attorney, which need not be the interim. (This is 28 USC 546.) This has been done occasionally -- Congress changed the statute for a little while after the GWB US attorney firing scandal, but then changed it back -- and yes, there are some separation-of-powers concerns. But the Appointments Clause provides that "the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, IN THE COURTS OF LAW, or in the Heads of Departments." So frankly it's an uphill battle IMO to say it's unconstitutional. (N.B.: The "interim" designation is wholly separate from an "acting" designation, which has different eligibility rules, scope of applicability, duration, etc.)
What's more interesting is whether (1) you can do successive interim appointments (like what's going on in DC); and (2) you can totally circumvent the statutory court appointment by just firing the court-appointed US Att'y (which I think probably is allowed? that certainly seems to be the direction the SC is going right now, but it's famously in flux) and appointing a special assistant or whatever with a jx. that's coextensive with the US Att'y spot (which is what they did in Buffalo... they may have done it with alina too; I'm not sure). |
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Date: July 23rd, 2025 12:25 PM Author: diverse very tactful people who are hurt not a Juris Doctor or anything but I’m not sure a statute creates a hurdle to whether something is constitutional (http://www.autoadmit.com/thread.php?thread_id=5753702&forum_id=2/en-en/#49124637) |
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Date: July 23rd, 2025 12:25 PM Author: aromatic spot potus The Appointments Clause is in the Constitution. (http://www.autoadmit.com/thread.php?thread_id=5753702&forum_id=2/en-en/#49124641) |
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Date: July 23rd, 2025 12:29 PM Author: diverse very tactful people who are hurt I’m retarded. I’ve been awake since Monday (http://www.autoadmit.com/thread.php?thread_id=5753702&forum_id=2/en-en/#49124658) |
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Date: July 23rd, 2025 12:29 PM Author: Vibrant orchid scourge upon the earth (http://www.autoadmit.com/thread.php?thread_id=5753702&forum_id=2/en-en/#49124656) |
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Date: July 23rd, 2025 3:21 PM Author: olive tanning salon degenerate THE most prestigious law board (http://www.autoadmit.com/thread.php?thread_id=5753702&forum_id=2/en-en/#49125199) |