A coalition of 15 state Attorneys General filed amicus brief supporting Maryland’s motion challenging the appointment of Matthew Whitaker as Acting U.S. Attorney General.
On November 13, Maryland Attorney General Brian Frosh requested a U.S. District Court to designate Deputy Attorney General Rod Rosenstein to the position instead of Whitaker.
The motion was part of Maryland’s ongoing litigation against the Trump administration over its attempts to “sabotage” the Affordable Care Act (ACA).
Amici state’s arguments against Whitaker’s appointment
In their amicus brief, the Attorneys General argued that Whitaker’s appointment is illegal. They also concluded that the designation ignores the long-established vacancy succession laws. It violates Congress’ designation of the Deputy Attorney General as Acting Attorney General.
Additionally, the Attorneys General contended that Whitaker’s designation “threatened the legitimacy” the Department of Justice (DOJ) action and its relationship with states. They sought immediate resolution on the matter.
