As readers of this weblog know, I feel Particular Counsel Jack Smith was unconstitutionally appointed and that he lacks standing to petition the Supreme Court docket for certiorari earlier than judgement. However what if 4 justices disagree and vote to grant certiorari? In that case, I feel the Supreme Court docket ought to ask Particular Counsel Smith to temporary the query of whether or not he has standing and whether or not his appointment was constitutional?
May an Lawyer Basic appointed by President Trump appoint, as inferior officers, shadow U.S. Attorneys in Cook dinner County, Illinois, or in New York State thus circumventing the requirement of Senate affirmation in two States which have two Democratic Senators?
May an Lawyer Basic appointed by President Trump appoint, as inferior officers, a Particular Counsel to analyze the editorial writers of the New York Occasions or the Washington Submit on the grounds that they’re “vermin”?
The Supreme Court docket must know what the Biden Administration’s place is on such questions. Furthermore, it must know if Jack Smith’s appointment is constitutional what limits, if any, there are on the Lawyer Basic’s energy to avoid Senate affirmation. As former Lawyer Basic Ed Meese, Professor Gary Lawson, and I all argue in our amicus temporary, we don’t assume that the Lawyer Basic has any energy in any respect to nominate inferior officers as highly effective as is Jack Smith.