Cato’s Berry: Court Rejects “Instant Elevation” of Officials to Fill Vacant Posts
A recent decision from the 9th U.S. Circuit Court of Appeals in United States v. Jackson states that neither a first assistant U.S. Attorney appointed after a vacancy nor someone delegated all the powers of a U.S. Attorney can serve as an acting U.S. Attorney, agreeing with an amicus brief filed by scholars at the Cato Institute.
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Following this decision, Thomas Berry, the director of the Cato Institute’s Robert A. Levy Center for Constitutional Studies, released a statement:
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“Very pleased to see this decision, which agrees with our amicus brief in United States v. Jackson that a first assistant cannot be appointed when an office is already vacant and then instantaneously elevated to acting officer. The opinion also agrees that all of the duties of a vacant office cannot be delegated to a single official.”
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Source: https://www.cato.org/news-releases/catos-berry-court-rejects-instant-elevation-officials-fill-vacant-posts
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