Senate Democrats are suing to have Acting Attorney General Matthew Whitaker removed
Some Senate Democrats are taking their grievances with Acting Attorney General Matthew Whitaker's appointment to court.
Sens. Richard Blumenthal (D-Conn.), Sheldon Whitehouse (D-R.I.), and Mazie Hirono (D-Hawaii) are filing a lawsuit against Whitaker and President Trump in U.S. District Court, The Daily Beast reported Monday. Their argument is that Trump violated the Appointments Clause of the Constitution when he named Whitaker the acting attorney general since he was not confirmed by the Senate. Prior to his appointment, Whitaker was former Attorney General Jeff Sessions' chief of staff, a job that didn't require Senate confirmation.
The constitutionality of Whitaker's appointment has been the subject of debate for this reason. Last week, the Justice Department's Office of Legal Counsel argued in a memo that Whitaker's appointment was constitutional and that while "presidents often choose acting principal officers from among Senate-confirmed officers ... the Constitution does not mandate that choice."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
This is not the first legal challenge Whitaker has faced, as the state of Maryland is also battling the appointment in court, arguing that Trump is trying to "bypass the constitutional and statutory requirements for appointing someone to that office." Trump has defended Whitaker's appointment by saying that Special Counsel Robert Mueller was not Senate-confirmed either, although this was not a requirement.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
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.
-
4 ways to give back this holiday season
The Explainer If your budget is feeling squeezed, remember that money is not the only way you can be generous around the holidays
By Becca Stanek, The Week US Published
-
4 tips for hosting an ecofriendly Thanksgiving
The Week Recommends Coming together for the holidays typically produces a ton of waste, but with proper preparation, you can have an environmentally friendly gathering.
By Theara Coleman, The Week US Published
-
Jussie Smollet conviction overturned on appeal
Speed Read The Illinois Supreme Court overturned the actor's conviction on charges of staging a racist and homophobic attack against himself in 2019
By Peter Weber, The Week US Published
-
Global court issues arrest warrant for Netanyahu
Speed Read The International Criminal Court issued warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, who stand accused of war crimes
By Peter Weber, The Week US Published
-
Gaetz bows out, Trump pivots to Pam Bondi
Speed Read Gaetz withdrew from attorney generation consideration, making way for longtime Trump loyalist Pam Bondi
By Rafi Schwartz, The Week US Published
-
GOP's Mace seeks federal anti-trans bathroom ban
Speed Read Rep. Nancy Mace of South Carolina has introduced legislation to ban transgender people from using federal facilities
By Rafi Schwartz, The Week US Published
-
Ukraine fires ATACMS, Russia ups hybrid war
Speed Read Ukraine shot U.S.-provided long-range missiles and Russia threatened retaliation
By Peter Weber, The Week US Published
-
New York DA floats 4-year Trump sentencing freeze
Speed Read President-elect Donald Trump's sentencing is on hold, and his lawyers are pushing to dismiss the case while he's in office
By Rafi Schwartz, The Week US Published
-
Wyoming judge strikes down abortion, pill bans
Speed Read The judge said the laws — one of which was a first-in-the-nation prohibition on the use of medication to end pregnancy — violated the state's constitution
By Peter Weber, The Week US Published
-
US sanctions Israeli West Bank settler group
Speed Read The Biden administration has imposed sanctions on Amana, Israel's largest settlement development organization
By Rafi Schwartz, The Week US Published
-
Gaetz ethics report in limbo as sex allegations emerge
Speed Read A lawyer representing two women alleges that Matt Gaetz paid them for sex, and one witnessed him having sex with minor
By Peter Weber, The Week US Published