Maryland is set to challenge Trump's appointment of Acting Attorney General Matthew Whitaker in court

Matthew Whitaker
(Image credit: AP Photo/Charlie Neibergall)

President Trump's appointment of Matthew Whitaker as acting attorney general is already facing a legal challenge.

The state of Maryland is preparing to ask a federal judge to declare Whitaker's appointment illegal. This would mean Rod Rosenstein would be declared the legitimate acting attorney general, The New York Times reports. Plaintiffs argue Trump cannot "bypass the constitutional and statutory requirements for appointing someone to that office," and they are seeking an injunction.

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The court challenge is part of an unrelated Affordable Care Act lawsuit brought by the Maryland attorney general in which Sessions is named. The judge, Ellen L. Hollander, needs to replace Sessions as a defendant with his successor, which requires her to determine whether Whitaker is actually Sessions' legal successor, the Times reports.

If the judge rules Whitaker's appointment is illegal, the case would likely head to the Supreme Court, per NBC News.

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Brendan Morrow

Brendan worked as a culture writer at The Week from 2018 to 2023, covering the entertainment industry, including film reviews, television recaps, awards season, the box office, major movie franchises and Hollywood gossip. He has written about film and television for outlets including Bloody Disgusting, Showbiz Cheat Sheet, Heavy and The Celebrity Cafe.