appointed on a temporary basis, that that somehow makes him an inferior officer. it doesn t. it simply makes him a temporary principal officer. otherwise, you could avoid the constitutional requirement. and you can t pass a statute like the vacancy reform act that somehow supersedes the constitution. it doesn t. and what i think the justice department really needs to consider is there is language post dating their earlier opinion on this subject in the supreme court by justice thomas and maybe others that clearly indicate that the reasoning they used back in 2003 when they approved a much lesser appointment, is likely to be flawed and not withstand supreme court scrutiny. well, it seems we are definitely going to see this argument made in court, possibly both sides of the argument made in court, in federal court. but this is just the first case, the maryland case. there could be cases in every federal district in the country making the same argument.
appointed on a temporary basis, that that somehow makes him an inferior officer. it doesn t. it simply makes him a temporary principal officer. otherwise, you could avoid the constitutional requirement. and you can t pass a statute like the vacancy reform act that somehow supersedes the constitution. it doesn t. and what i think the justice department really needs to consider is there is language post dating their earlier opinion on this subject in the supreme court by justice thomas and maybe others that clearly indicate that the reasoning they used back in 2003 when they approved a much lesser appointment, is likely to be flawed and not withstand supreme court scrutiny. well, it seems we are definitely going to see this argument made in court, possibly both sides of the argument made in court, in federal court. but this is just the first case, the maryland case. there could be cases in every federal district in the country making the same argument.