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.
Create an account with the same email registered to your subscription to unlock access.
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.
-
The art world and motherhood: the end of a final taboo?
Talking Point Hettie Judah's new touring exhibition offers a 'riveting riposte' to old cliches
By Chas Newkey-Burden, The Week UK Published
-
'Musk's reliance on China draws rising scrutiny'
Today's Newspapers A roundup of the headlines from the US front pages
By The Week Staff Published
-
Biba: the story of a 'legendary emporium'
The Week Recommends Brand's 60th anniversary is being marked with retrospective celebrating the 'iconic shop's cultural importance'
By Adrienne Wyper, The Week UK Published
-
Trump, billions richer, is selling Bibles
Speed Read The former president is hawking a $60 "God Bless the USA Bible"
By Peter Weber, The Week US Published
-
Trump gets $289M break, first criminal trial date
Speed Read The former president's fraud bond has been reduced to $175 million from $464 million
By Peter Weber, The Week US Published
-
US-Israel rift widens after UN cease-fire resolution
Speed Read The U.S. declined to veto a U.N. resolution calling for a two-week "immediate cease-fire" in Gaza
By Peter Weber, The Week US Published
-
New Jersey first lady exits race to replace Menendez
Speed Read Tammy Murphy dropping out paves the way for Rep. Andy Kim to become the state's next senator
By Peter Weber, The Week US Published
-
Russia blames Ukraine for deadly ISIS Moscow attack
Speed Read Putin has ignored the Islamic State's claim of responsibility for the concert hall shooting
By Peter Weber, The Week US Published
-
Trump-RNC pact puts Trump legal bills ahead of GOP
Speed Read The former president has struck a deal with the Republican National Committee to put donations toward his legal bills
By Peter Weber, The Week US Published
-
Vietnam president resigns amid scandal
Speed Read Vietnam loses its second president in two years as Vo Van Thuong steps down
By Peter Weber, The Week US Published
-
Texas migrant law in limbo after Supreme Court OK
Speed Read The law has been blocked again, mere hours after the Supreme Court allowed the state to arrest migrants
By Peter Weber, The Week US Published