Versus Trump: Versus Whitaker, In-Depth
On this week's episode of Versus Trump, the gang is re-united, and they discuss the Supreme Court motion contending that Matthew Whitaker was not legally appointed as Acting Attorney General. As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes.
Jason, Easha, and Charlie finally get a chance to do a three-person pod, and they use it to discuss Michaels v. Whitaker (or Rosenstein?). In this case, a Supreme Court petitioner has filed a motion to substitute Deputy AG Rod Rosenstein as Acting Attorney General instead of Matthew Whitaker, whom Trump designated, on the ground that Whitaker's appointment is illegal. The gang discuss the statutory law governing appointments as well as the impact of the Appointments Clause of the Constitution. They then wonder whether the Supreme Court may take up the issue directly or whether the question is more likely to first work its way through lower courts.
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Notes
- SCOTUSblog's case page is here. That page links to the motion to substitute, the response, the reply, and the amicus brief that Easha mentioned.
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Rule of Law Checks & Balances Judiciary Congress Executive Branch Federalism Justice & Safety Criminal Justice Russian Interference Versus Trump Podcast