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Roland99

(53,345 posts) Tue Nov 13, 2018, 05:32 AM Nov 2018

State of MD to ask federal judge to rule Rosenstein as Acting AG, not Whitaker

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State of MD to ask federal judge to rule Rosenstein as Acting AG, not Whitaker (Original Post) Roland99 Nov 2018 OP

KICK! Cha Nov 2018 #1

I'm glad somebody is doing this! Chemisse Nov 2018 #2

Plans to act? SimpleC Nov 2018 #3

More states should join in In It to Win It Nov 2018 #4

So do the states have standing to sue over cabinet appointments? Buckeyeblue Nov 2018 #5

Yes, in this case (or at least I think so). TomSlick Nov 2018 #7

Every Democratic Congressman should be screaming for this. watoos Nov 2018 #6

Cha

(320,534 posts)

1. KICK!

Reply to Roland99 (Original post)

Tue Nov 13, 2018, 05:34 AM

Nov 2018

Chemisse

(31,394 posts)

2. I'm glad somebody is doing this!

Reply to Roland99 (Original post)

Tue Nov 13, 2018, 06:04 AM

Nov 2018

An illegal appointment should not just be allowed to stand.

SimpleC

(279 posts)

3. Plans to act?

Reply to Roland99 (Original post)

Tue Nov 13, 2018, 06:17 AM

Nov 2018

In It to Win It

(12,809 posts)

4. More states should join in

Reply to Roland99 (Original post)

Tue Nov 13, 2018, 07:35 AM

Nov 2018

Buckeyeblue

(6,439 posts)

5. So do the states have standing to sue over cabinet appointments?

Reply to Roland99 (Original post)

Tue Nov 13, 2018, 07:41 AM

Nov 2018

TomSlick

(13,090 posts)

7. Yes, in this case (or at least I think so).

Reply to Buckeyeblue (Reply #5)

Tue Nov 13, 2018, 08:54 PM

Nov 2018

When the US is a party to litigation, it is in the name of the Attorney General. In this case, Jeff Sessions. What would normally happen when the AG leaves office, is the new AG is substituted as the named party as a simple administrative matter. The problem is that if the acting AG doesn't validly hold the office, there is no party. The concern is that any resolution of the cases, by judgment or settlement, would not be binding because the faux AG is not properly a party.

This could be a really big deal. The US has the largest number of cases pending in federal court. Some federal judge somewhere is going to rule that a case cannot proceed unless Rosenstein is named as the acting AG. If Trump does not fold, the US will simply lose the case.

It's a fine question that only a lawyer could love. That doesn't make it unimportant.

watoos

(7,142 posts)

6. Every Democratic Congressman should be screaming for this.

Reply to Roland99 (Original post)

Tue Nov 13, 2018, 08:12 AM

Nov 2018

The narrative shouldn't be that Whitaker must recuse himself but that Whitaker is an illegal appointee.
Step 1 before step 2.

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