#AppointmentsClause
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profciara.bsky.social
✅⚖️👇These bogus USAs are having a hard time in court. Who knew? #habba #appointmentsclause for the win.
joshgerstein.bsky.social Josh Gerstein @joshgerstein.bsky.social · Dec 1
BREAKING: 1st appeals court decision on controversial temporary US Attorney installations goes against Trump, 3-0. 3rd Circuit rejects bid to make Trump lawyer Alina Habba acting US attorney. Restrepo/ Smith/Fisher (Obama/GWB/GWB) Doc: www.documentcloud.org/documents/26...
HabbaOpn120125
www.documentcloud.org
December 1, 2025 at 2:24 PM
delizad.bsky.social
#appointmentsclause (i.e. whose gonna check you boo?)
February 25, 2025 at 2:24 PM
serotonin2.bsky.social
#DoGE lawsuit #AppointmentsClause please read pt2 #ElonitchkaMuskova What is the exact classification of #ElonMusk relationship to the government. If the dept is legal, then he should be subject to #Advise&Consent Attys? any words? #Checks&Balances #SpecialAdvisors #transparency #Signal (cont)
January 23, 2025 at 10:16 PM
indecisivemoment.bsky.social
The legal/constitutional basis for removing Musk! Essential reading. www.nytimes.com/2025/03/04/o...

#removemusk #appointmentsclause #fucktrump #ruleoflaw #fightfacism #resist
Opinion | There Is No Musk Clause in the Constitution
Trump is on shaky ground when it comes to the way he has empowered perhaps the most important figure in the new administration.
www.nytimes.com
March 4, 2025 at 1:49 PM
unclemark.bsky.social
"Gleason"
#WhereInTheWorldIsAmyGleason
#DOGE
#AppointmentsClause
#DOGEISNOTAREALTHING
a woman says sure amy in front of a brick wall
ALT: a woman says sure amy in front of a brick wall
media.tenor.com
March 3, 2025 at 3:14 AM
mudita88.bsky.social
Good analysis. "Elon Musk is currently waging two battles: ...Only one descriptor can be true; whichever one judge decides is accurate could determine whether Musk’s role is ultimately deemed constitutional." #whatauthoritydoesmuskhave #appointmentsclause #politics
Elon Musk’s Two Battles Contradict Themselves
With more power comes more legal vulnerability.
www.wakeuptopolitics.com
February 19, 2025 at 4:48 PM
nonilex.masto.ai.ap.brid.gy
The states argued #musk violated the #constitution by wielding #power only ofcls confirmed by the US #senate can exercise under the #appointmentsclause, & sought the materials through…discovery.

#chutkan said her order focused mainly on who at #doge was making cost-cutting decisions & how far […]
Original post on masto.ai
masto.ai
March 13, 2025 at 2:49 PM
scotusgate.bsky.social
SCOTUS grants cert in Becerra v. Braidwood, examining #AppointmentsClause challenge to U.S. Preventive Services Task Force structure and potential #severability of statutory provisions governing its oversight. Key #AdminLaw case. 24-316.
February 1, 2025 at 4:25 PM
nonilex.masto.ai.ap.brid.gy
Before the case was narrowed to the #appointmentsclause issue, the lawsuit included a #religious objection to being required to cover pre-exposure #prophylaxis for #hiv. They claimed that such drugs "facilitate & encourage homosexual behavior, prostitution, sexual promiscuity & intravenous drug […]
Original post on masto.ai
masto.ai
April 21, 2025 at 3:38 PM
nonilex.masto.ai.ap.brid.gy
The case centers on whether the #uspstf wields power to such an extent that members must be appointed by the #president & confirmed by the #senate, as required by the #constitution's #AppointmentsClause….

The task force is made up of #medical experts who serve 4yr terms on a volunteer basis. It […]
Original post on masto.ai
masto.ai
April 21, 2025 at 3:31 PM
nonilex.masto.ai.ap.brid.gy
Via Charlie Savage

In this new #doge / #usaid ruling, Judge Chuang basically calls bullshit on #trump admin claim that #musk isn't running DOGE because formally someone else is the administrator & on paper he's just a random WH adviser.

#law #congress #appointmentsclause
Plaintiffs agree that Musk has no formal legal authority to make the decisions at issue, but they assert that as a factual matter, Musk has exerted actual authority at USAID that only a properly appointed Officer can exercise. To deny Plaintiffs* Appointments Clause claim solely on the basis that, on paper, Musk has no formal legal authority relating to the decisions at issue, even if he is actually exercising significant authority on governmental matters, would open the door to an end-run around the Appointments Clause. If a President could escape Appointments Clause scrutiny At this preliminary stage, the record demonstrates that, at least during the time period relevant to this Motion, Musk was, at a minimum, likely the official performing the duties and functions of the USDS Administrator. Even if viewed from the standpoint of the Senior Advisor position that he occupies on paper, the record of his activities to date establishes that his role has been and will continue to be as the leader of DOGE, with the same duties and degree of continuity as if he was formally in that position.…
March 18, 2025 at 9:06 PM
nonilex.masto.ai.ap.brid.gy
Judge Chuang found that #elonmusk is unlawfully exercising power under the #appointmentsclause. However, because some of the #usaid dismantling was done by #petermarocco — #Trump’s #state Dept Director of #foreignassistance — not #musk, & the dismissed employees didn't sue #USAID, he limited […]
Original post on masto.ai
masto.ai
March 18, 2025 at 7:36 PM
nonilex.masto.ai.ap.brid.gy
However, per Ryan Goodman, while Judge #chutkan denied temporary restraining order in New Mexico v #elonmusk, she signaled that the plaintiffs have the better argument when this reaches the merits: #musk is exercising power in violation of #appointmentsclause […]

[Original post on masto.ai]
From Chutkan’s ruling, “That said, Plaintiffs raise a colorable Appointments Clause claim with serious implications. Musk has not been nominated by the President nor confirmed by the U.S. Senate, as constitutionally required for officers who exercise "significant authority pursuant to the laws of the United States.”
February 18, 2025 at 10:09 PM
baffc.bsky.social
Kennedy v Braidwood: #SCOTUS reverses #5thCir: US Preventive Services Task Force members are inferior officers whose appointment by #HHS Secretary is consistent w/ #AppointmentsClause #ACA #insurance #healthcare #adminlaw #appellatesky #lawsky baffc.net/45Kzqn3
June 27, 2025 at 3:56 PM
primalaw.bsky.social
⚖️😲 Judges Pick the Prosecutor_!

If a U.S. Attorney’s appointment expires after 120 days, the district court can step in and appoint a temporary replacement. ⚖️

Do you agree with this process?
#LawAndPolitics #ChecksAndBalances #AppointmentsClause #Primalaw
December 2, 2025 at 8:02 PM
primalaw.bsky.social
🏛️👀 Filling Vacancies Without Senate

28 USC Section 546 allows the Attorney General to appoint a U.S. Attorney without Senate approval when there’s a vacancy. ⚖️

How do you feel about filling vacancies this way?
#Vacancies #LawAndPolitics #AppointmentsClause #Primalaw
November 30, 2025 at 8:02 PM
primalaw.bsky.social
📜✅ Senate Consent_ Who Needs It

Senate consent is required for top positions like the Attorney General, but inferior officers (like Assistant U.S. Attorneys) don’t always need Senate approval. ⚖️

What’s your take on this distinction?
#AppointmentsClause #SenateConsent #LawAndPolitics #Primalaw
November 29, 2025 at 8:02 PM
primalaw.bsky.social
📜 The President Can't Do It Alone

The Appointments Clause ensures the president needs Senate approval to appoint major officials. ⚖️

What’s your opinion on this requirement?
#AppointmentsClause #LawAndPolitics #Constitution #Primalaw
November 29, 2025 at 4:02 PM
primalaw.bsky.social
🏛️ Lying to Congress_ The Charge

The case against James Comey for lying to Congress brings up constitutional issues, ⚖️

Is this charge legitimate or more about political revenge?
#LawAndPolitics #AppointmentsClause #LyingToCongress #Primalaw
November 29, 2025 at 12:02 AM
juststeller.bsky.social
file under: #acting #agency #admin #vacancy #FVRA #remedy #appointments #constitution #appointmentsclause #vacanciesact #dejure #defacto #antidelegation

it’s all about exclusivity baby. FVRA reigns supreme.

link to opinion:
Memorandum & Opinion – #219 in WIDAKUSWARA v. LAKE (D.D.C., 1:25-cv-01015) – CourtListener.com
MEMORANDUM OPINION re 218 Order. Signed by Judge Royce C. Lamberth on 03/07/2026. (lcrcl2) (Entered: 03/07/2026)
storage.courtlistener.com
March 7, 2026 at 11:59 PM
zhizhu.newsie.social.ap.brid.gy
"The #appointmentsclause of the #constitution requires that principal officers be nominated by the president & confirmed by the #senate...

When #Doge officials provide high-level policy direction to a high-ranking employee at #treasury, are they exercising […]

[Original post on newsie.social]
Transcript from article (edited for length): JUDGE KOLLAR-KOTELLY: ...Based on the record before me, I have some concerns about the constitutionality, frankly, of DOGE’s structure and operations. ...The Appointments Clause of the Constitution requires that principal officers be nominated by the president and confirmed by the Senate. Employees and inferior officers need to be supervised by principal officers to comply with the Appointments Clause. I want to ask the few questions that I have about the status of people in DOGE. It appears to me that the people within DOGE could be exercising authority as officers of the United States without complying with the Appointments Clause. I think that’s something that the court should certainly note may be a problem…Maybe it’s not, but on this record we certainly don't have enough information… Mr. Krause said in his Feb. 12 declaration that he coordinates with “officials” at USDS [DOGE]...“Officials” are not just employees. Those officials are people that could be in a different category than regular employees. My question is, who are the DOGE officials who give Mr. Krause direction? What are their titles? When DOGE officials provide high-level policy direction to a high-ranking employee at Treasury, are they exercising significant authority and discretion? If so, does that make them “officers” under the Appointments Clause? Were they nominated by the president and confirmed by the Senate?
February 25, 2025 at 9:45 PM
robertcfried.bsky.social
#ElonMusk #DOGE #TanyaChutkan #FederalCourt #TrumpAdministration #GovernmentEfficiency #LegalBattle #Transparency #Accountability #ConstitutionalLaw #DiscoveryRequests #FederalAgencies #CostCutting #ExecutiveBranch #DemocraticStates #AppointmentsClause #SenateConfirmation #FederalSpending #Law
March 13, 2025 at 6:03 PM