Link to Opinion of the Court by United States District Judge Paula Xinis.
Yet another unlawfully serving individual falls and his rules invalidated.
Bottom line. A President needs to get appointees confirmed by the Senate. The courts are not going to tolerate attempts to bypass Senate confirmation by using acting officers.
Good. Late… but good.
The next Congress needs to address the issue of granting citizens presumptive standing to challenge the legality of an acting officer’s tenure, without having to wait to challenge actual acts by that acting officer.
But the only candidates that would be confirmed are those who would put the duties of their position over that of loyalty to the President. And we all know that won’t work
Exactly. I completely agree. The “advise and consent” clause exists for a very good reason.
Irrelevant.
She applied the law as written.
It was Congress’s clear intent in writing that law that the President should not be able to use acting officeholders to circumvent the Senate’s advice and consent process.
It is a good law and it was properly applied by Judge Xinis.
The DHS IG said it would be pointless to look into it.
What about the stonewalling of appointments that often occurs by the party not the GOP?
