Who Fills In When Federal Jobs Are Vacant?
Summary
This episode examines the legal and political complexities surrounding the appointment of acting U.S. Attorneys and other federal officials. The host discusses how recent court rulings have restricted the use of post-vacancy first assistants and broad delegations of authority, challenging the administration's staffing strategies. The conversation also explores the implications of the Supreme Court’s *Trump v. Slaughter* decision on presidential removal power and the limits of the unitary executive theory.
Topics discussed
Intro: US Attorney vacancies and court appointments
Stanford Legal intro and guest Anne Joseph O'Connell
The concept of 'Actings' in government and business
US Attorney structure, confirmation, and importance
Presidential firing power and the Blue Slip process
Alternative 1: Statutory interim US Attorneys
Alternative 2: Federal Vacancies Reform Act
Alternative 3: Delegation and political appointees
Litigation on post-vacancy First Assistants
Impact on future administrations and career staff
Unitary Executive theory vs. statutory limits
Litigation on delegating non-exclusive duties
Trump v. Slaughter and presidential removal power
Librarian of Congress and inferior officer status
Limits of presidential firing power down the chain
Administrative Procedure Act and agency independence
Conclusion and podcast outro
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