President Trump's nominee, William Barr, will appear before the Senate on Tuesday following the rejection of the Supreme Court of this anti-Trump approach.
The Supreme Court rejected an unusual challenge to Matthew Whitaker’s appointment as acting attorney general Monday.
The challenge arose in the context of a Second Amendment case from Nevada, where an independent political activist named Barry Michaels challenged a provision of the Federal Gun Control Act which prohibits convicted felons from possessing firearms. Michaels’ convictions were for non-violent crimes and he has lived in accordance with the law for 20 years.
Whitaker became the named defendant in Michaels’ case when he was appointed acting AG. Shortly thereafter, Michaels and his attorneys filed a motion at the Supreme Court challenging Whitaker’s appointment.
The motion argued that a federal law called the Attorney General Succession Act controls the accession of leadership at the Department of Justice. That law provides that the Deputy Attorney General should become the acting AG when a vacancy in that office arises. As such, Michaels said Deputy Attorney General Rod Rosenstein is the rightful acting AG, not Whitaker.