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26 Nov 2018, 4:00 am by David Markus
In a decision joined by a Gerald Ford appointee and a Reagan appointee upholding a lower-court ruling by a Reagan appointee, she lit into the Trump administration for assuming powers to withhold money not granted to it by Congress to punish states and cities that didn’t go along with efforts to round up those in the country illegally.Her message to Trump and then-Attorney General Jeff Sessions, translated, was basically, who do you think you are? [read post]
  Monday, Nov. 12 Judge Parrella kicked off proceedings on Nov. 12 by recapping several conferences in which the parties discussed the schedule for the upcoming session, the status of a number of pending motions and a number of administrative concerns. [read post]
20 Nov 2018, 6:00 am by Susan Schneider
Program in Agricultural & Food Law once again well represented in presentations, attendance, and overall leadership.The three day conference combined plenary sessions with multiple tracks of concurrent sessions. [read post]
19 Nov 2018, 11:48 am by Austin Koltonowski
Goldstein claims that Whitaker was illegally installed as the temporary successor of former attorney general Jeff Sessions, and that Rosenstein is the legal and constitutional successor to Sessions. [read post]
17 Nov 2018, 12:15 pm by Howard Wasserman
Steve writes at SCOTUSBlog about a motion in a pending cert case asking the Court to decide on the validity of Matthew Whitaker's appointment as AG, in order to figure out who should be substituted (for Jeff Sessions) as respondent in the petition. [read post]
17 Nov 2018, 7:28 am by Steve Vladeck
Since the moment President Donald Trump appointed Matthew Whitaker as Acting Attorney General on Wednesday, November 7, the move has been met with significant political and legal criticism, with numerous lawyers and commentators arguing that the president lacked both statutory and constitutional authority to name Whitaker—previously chief of staff to Attorney General Jeff Sessions—as Sessions’ interim successor. [read post]
17 Nov 2018, 4:34 am by Anushka Limaye
Robert Litt explored the test of character at the Justice Department that the departure of former attorney general Jeff Sessions and the rise of Matthew Whitaker has caused. [read post]
15 Nov 2018, 10:00 pm by Bobby Chen
The Maryland Attorney General stated that Whitaker’s appointment violates the line of succession specified in the Attorney General Succession Act and that Rosenstein “is the proper successor” to Jeff Sessions, who resigned as Attorney General last week. [read post]
14 Nov 2018, 12:07 pm by Tim Zubizarreta
Whitaker was appointed to the position of Acting Attorney General on November 7 after the resignation of Jeff Sessions who had been confirmed as Attorney General in 2017. [read post]
14 Nov 2018, 11:52 am by Anushka Limaye
Matthew Kahn shared the State of Maryland’s motion to substitute the acting attorney general for former Attorney General Jeff Sessions as a defendant in litigation related to the Affordable Care Act in the U.S. [read post]
14 Nov 2018, 9:47 am by Preston Lim, Rachel Brown
In the week before his departure as attorney general, Jeff Sessions announced a “China Initiative” to support the Department of Justice’s “strategic priority of countering Chinese national security threats. [read post]
14 Nov 2018, 9:17 am by Erik Slobe
” Instead, the motion seeks the appointment of Deputy Attorney General Rod Rosenstein as the acting Attorney General, replacing former Attorney General Jeff Sessions. [read post]
13 Nov 2018, 9:01 pm by Michael C. Dorf
One week ago, US Attorney General Jeff Sessions resigned at the “request” of President Donald Trump, who wasted no time in designating Matthew Whitaker as Acting Attorney General, pending the nomination and Senate confirmation of a full-time replacement. [read post]
13 Nov 2018, 11:50 am by Anushka Limaye
Robert Litt assessed the ethical tests that Justice Department officials face in the wake of Jeff Sessions’s firing and Whitaker’s appointment. [read post]
13 Nov 2018, 10:36 am by Scott Bomboy
Attorney General Jeff Sessions was asked to resign on November 7, President Donald Trump named Whitaker, Sessions’ chief of staff, to serve as Acting Attorney General until Trump’s nominee to replace Sessions is approved by the Senate. [read post]