Advisory Opinions Separation Anxiety: Courts and Congress
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Jul 24, 2025 Delve into the complexities of the U.S. legal landscape with a focus on the Vacancies Reform Act and the balance of powers. Explore the implications of presidential appointments and the evolving tensions between branches of government. Recent court rulings on conspiracy charges and their impact on First Amendment rights stir debate about educational policies like critical race theory. Additionally, the retention of newborn blood samples raises critical questions about parental rights and privacy in medical practices.
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Vacancies Reform Act Unconstitutional Issues
- The Vacancies Reform Act allows acting U.S. attorneys to serve 120 days without Senate confirmation, then courts appoint successors, but this raises serious constitutional issues.
- Both delegating appointment powers to courts and bypassing Senate consent violate the Constitution's separation of powers.
Separation of Powers in U.S. Attorneys
- District courts appointing interim U.S. attorneys usurps presidential appointment powers.
- Firing court-appointed acting U.S. attorneys by the administration defends separation of powers and constitutionality.
President Retains Powers Pre-Confirmation
- Upon a new president's inauguration, until Senate-confirmed officers are appointed, the president should retain all officer powers.
- This ups pressure to prioritize quick nominations and Senate confirmations, fostering constitutional adherence.