Last month, President Trump nominated Judge Amy Coney Barrett to the Supreme Court. We reviewed several of Barrett’s writings to glean what they might reveal about her views on issues important to Lawfare readers.
Latest in Appointments, Confirmations & Budgets
What’s going on with the top positions in the Department of Homeland Security?
Who is running the Department of Homeland Security (DHS) today? Nobody really seems to know.
Acting Secretary of Homeland Security Chad Wolf is serving in his position unlawfully. On Aug. 6, the Senate will have an opportunity to ask him about it.
A recent challenge to a set of directives issued by then-Principal Deputy Director of USCIS Ken Cuccinelli led a federal district judge to hold that Cuccinelli’s appointment violated the Federal Vacancies Reform Act.
Summary: Appointment of USCIS Director Cuccinelli Violates Federal Vacancies Reform Act, Court Rules
Judge Randolph Moss of the U.S. District Court for the District of Columbia found that Kenneth Cuccinelli’s appointment on an acting basis to lead U.S. Citizenship and Immigration Services had been unlawful.
Lost in the tumult of the past 10 days over the Suleimani strike was the president’s announcement on Jan. 3 of his intent to nominate a new legal adviser, Ambassador C.J. Mahoney, to replace Jennifer Newstead, who resigned last April to become general counsel of Facebook.
Mea Culpa: It’s all my fault.
On Wednesday, press outlets reported that the chief of protocol of the State Department, Ambassador Sean Lawler, has been “suspended indefinitely” pending the conclusion of an investigation into his conduct. Lawler reportedly plans on resigning from his post.
This post is cross-posted on Just Security.
To quote Yogi Berra, “it’s like déjà vu all over again.” For at least the fourth time in just over two years, a dispute has arisen over the president’s authority to name “acting” agency heads under the Federal Vacancies Reform Act (FVRA) of 1998. This time around, the debate involves the Department of Homeland Security—and the resignation/firing/un-resignation/ ¯\_(ツ)_/¯ of Secretary Kirstjen Nielsen.