In 2005, a dispute over successive Attorney General appointments came to a head in the District of South Dakota after the executive branch and the district court disagreed on the appropriate appointee. On December 22, 2005, the first interim U.S. Attorney resigned before the end of her 120-day term, and the Attorney General appointed a second inter
nomination is later withdrawn
the withdrawal of her nomination on July 24, 2025. Habba’s nomination prevented her from serving as U.S. Attorney because she was not the first assistant to the position for at least 90 days prior to the vacancy. In 2023, some Members of Congress argued that under the Vacancies Act, a person “may not serve as an acting officer” once her nomin
select another eligible acting
While the first assistant is the default acting officer, the President may invoke 5 U.S.C. § 3345(a)(2) or (3) to override this default and select another eligible acting officer. First, the President may direct a Senate-confirmed official to serve as acting officer. Second, the President can select a senior employee from the agency, if that emplo
Congress’s options to amend
who are not confirmed to the offices. Two statutes potentially allow temporary service for U.S. Attorneys: the Federal Vacancies Reform Act of 1998 (Vacancies Act) and 28 U.S.C. § 546. (U.S. Attorney offices may also be filled temporarily by recess appointment, though this constitutional power has not been used since 2012.) This Legal Sidebar disc
with Turkey and Azerbaijan
Geopolitically, Kazakhstan can deepen its trilateral coordination with Turkey and Azerbaijan through joint corridor development, digital trade integration, and regulatory convergence. Simultaneously, it must increase the institutional firmness driving its role within China’s Belt and Road Initiative (BRI). In particular, it must ensure that the l