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TheRealNorth

(9,478 posts)
Fri Nov 9, 2018, 01:40 AM Nov 2018

If there is a case against the Appointment of Whitaker being unconstitutional

How does a legal case start? Can just anyone try to file an injunction against the appointment. Or does Whitaker have to take some sort of action and then that action gets challenged by saying he doesn't have the authority to take that action?

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If there is a case against the Appointment of Whitaker being unconstitutional (Original Post) TheRealNorth Nov 2018 OP
If truly unconstitutional, I'm sure there are remedies through courts. But, it's a technicality Hoyt Nov 2018 #1
Someone would need standing to sue. unblock Nov 2018 #2
Yeah, standing would be tough. Alhena Nov 2018 #3
 

Hoyt

(54,770 posts)
1. If truly unconstitutional, I'm sure there are remedies through courts. But, it's a technicality
Fri Nov 9, 2018, 01:47 AM
Nov 2018

that just bogs government down, although I’m fine with impeding trump from protecting him and family from charges.

unblock

(52,208 posts)
2. Someone would need standing to sue.
Fri Nov 9, 2018, 01:49 AM
Nov 2018

That would include any senator, since the appointment bypassed the senate's advice and consent powers.

I think it would also include rosenstein, because absent a legitimate appointment, he's entitled to act as a.g.

Not sure who else could bring a case.

You may have a point, though, in that maybe no one has a case until Whitaker tries to actually use the powers of the office of the a.g.

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