A recent decision from the 9th U.S. Circuit Court of Appeals in United States v. Jackson states that neither a first assistant U.S. Attorney appointed after a vacancy nor someone delegated all the powers of a U.S. Attorney can serve as an acting U.S. Attorney, agreeing with an amicus brief filed by scholars at the Cato Institute.

Following this decision, Thomas Berry, the director of the Cato Institute’s Robert A. Levy Center for Constitutional Studies, released a statement:

“Very pleased to see this decision, which agrees with our amicus brief in United States v. Jackson that a first assistant cannot be appointed when an office is already vacant and then instantaneously elevated to acting officer. The opinion also agrees that all of the duties of a vacant office cannot be delegated to a single official.”

To speak with Berry further, contact Christopher Tarvardian.