Trump Administration Petitions Supreme Court Over Acting U.S. Attorney Appointments
The Trump administration asked the Supreme Court to review rulings that block the president from appointing allies as acting U.S. attorneys via first assistant roles.
The administration of Donald Trump has petitioned the Supreme Court of the United States to review multiple federal appeals court rulings regarding the appointment of acting United States attorneys. Three appeals courts previously rejected the administration's practice of naming allies as first assistants after a vacancy occurs to automatically elevate them to acting head of the office, finding the method violates the Federal Vacancies Reform Act of 1998.
Solicitor General D. John Sauer filed the petition, arguing that the lower court rulings risk creating chaos and mass confusion across thousands of legal cases. The dispute highlighted a specific conflict in the Second Circuit, where a court quashed subpoenas issued by Trump appointee John Sarcone to New York Attorney General Letitia James, ruling that Sarcone lacked the lawful authority to issue them.
The Supreme Court's decision on whether to grant review will determine if the president can bypass standard appointment procedures to install top prosecutors. A final ruling on these presidential appointment powers is expected by June 2027.