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.

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. You can find us at @VersusTrumpPod on twitter, or send us an email at [email protected]. You can buy t-shirts and other goods with our super-cool logo here.  NotesSCOTUSblog's case page is here. That page links to the motion to substitute, the response, the reply, and the amicus brief that Easha mentioned. See acast.com/privacy for privacy and opt-out information.