Trump administration asks justices to decide on its appointments of acting U.S. attorneys

The Trump administration has petitioned the U.S. Supreme Court to resolve a legal dispute over its authority to appoint acting U.S. attorneys without Senate confirmation. The petition challenges lower court rulings that questioned the constitutionality of these interim appointments.

The case centers on the Vacancies Reform Act, which governs how federal agencies fill temporary leadership positions. Courts have previously held that this statute restricts the president's power to install acting officials in certain roles. The administration contends that presidents possess broad constitutional authority to make such appointments, particularly when Senate-confirmed positions remain unfilled.

U.S. attorneys prosecute federal crimes and represent the government in civil litigation. Traditionally, the Senate confirms all U.S. attorneys through the advice and consent process outlined in Article II of the Constitution. The Trump administration bypassed this requirement by naming acting U.S. attorneys to multiple districts.

Lower courts blocked some of these appointments, ruling that the Vacancies Reform Act prohibited the moves. The administration argues those courts misinterpreted both the statute and constitutional law. The petition requests SCOTUS clarify the president's appointment powers under the Vacancies Reform Act and the Constitution.

This dispute carries practical consequences for government operations. If the Court sides with the administration, it would expand presidential flexibility to fill vacant positions quickly. A ruling for the lower courts would constrain such interim appointments and maintain Senate confirmation's role as a check on executive power.

Previous Supreme Court decisions have addressed presidential appointment authority. In *NLRB v. Noel Canning* (2014), the Court limited recess appointment powers. That decision suggested the Court takes seriously statutory restrictions on interim appointments, though it left room for presidential discretion in emergencies.

The outcome will determine how acting U.S. attorneys operate during future administrations. Senate Democrats have opposed the Trump administration's approach, contending it circumvents the constitutional confirmation