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PoliticAverse

(26,366 posts)

5. Yes, the way courts typically deal with situations like this is through the issue of "standing".

Reply to thesquanderer (Reply #3)

Fri Nov 9, 2018, 04:37 PM

Nov 2018

If you have "standing" (that is if the court thinks the issue effects you enough in a legal sense) you can bring a case.
The appointment of an Attorney General would normally require "advice and consent" of the Senate and so presumaby
a senator could sue or, as you mention, someone affected like Rosenstein.

See: https://legal-dictionary.thefreedictionary.com/standing

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Stephen Colbert - Guest Sen. Kirsten Gillibrand: Trump's AG Appointment Is Unconstitutional [View all] Rhiannon12866 Nov 2018 OP

So will she be challenging the appointment in the courts? n/t PoliticAverse Nov 2018 #1

I guess we'll see, but she's pretty proactive Rhiannon12866 Nov 2018 #2

It seems like, if it's unconstitutional, there should be a legal challenge, but... thesquanderer Nov 2018 #3

Yes, the way courts typically deal with situations like this is through the issue of "standing". PoliticAverse Nov 2018 #5

Laurence Tribe says any senator has standing to challenge Whitaker's appointment Danascot Nov 2018 #4