As @AJosephOConnell points out, by naming someone _other_ than the Deputy Secretary to serve as Acting VA Secretary, President Trump has now raised one of the two big, open questions re: the Federal Vacancies Reform Act:
Can it be used when the vacancy is created by _firing_?
-
Show this thread
-
Under 38 U.S.C. § 304, the Deputy VA Secretary is supposed to become Acting Secretary whenever there's _any_ vacancy, whereas the FVRA refers to vacancies when the officeholder "dies, resigns, or is otherwise unable to perform the functions and duties of the office."
1 reply 3 retweets 7 likesShow this thread -
Of course, it's easy to see the argument that the President firing the previous officeholder renders them "unable to perform the functions and duties of the office." But there are counterarguments, too (other statues are more inclusive and some specifically refer to firing).
1 reply 2 retweets 5 likesShow this thread -
This likely isn't that big a deal with respect to the VA, but for those who are focused on potential _DOJ_ succession scenarios, settling whether the President can use the FVRA to temporarily fill vacancies he creates would help clarify the range of options there, too. /end
4 replies 4 retweets 12 likesShow this thread
What's the likely criteria establishing standing to sue against such a nomination? Somebody with a legitimate enough claim against the VA (DOJ), with an argument that top-level policy decision play a role in their case? Or is any case sufficient?
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.