It’s decisions like this that should be brought to the attention of those who are “Progressive” but don’t vote OR do stupid protest votes. Thankfully we still have a fair number of impartial, even courageous judges, but that number is dwindling.
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What Happens Next?
absolutely nothing.
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A Judge Agreed That Chad Wolf Is Likely Serving Illegally At DHS. What Happens Next?
Probably not much.
Kinda OT…but it does relate to violence against protestors. This article includes a tweet from a reporter who says he’s tracked 72 incidents of cars ramming protestors from late May to early July across 52 cities. His chart is below.
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Not really. This is not a question of internal rules, or how agencies interpret their own rules. The GAO decision referenced in the article relies upon a statute, The Federal Vacancies Reform Act of 1998 (Vacancies Reform Act), which provides for temporarily filling vacant executive agency positions that require presidential appointment with Senate confirmation, 5 U.S.C. § 3345, with certain exceptions. The Homeland Security Act, 6 U.S.C. § 113(g)(2), provides the exception here. GAO found that when Kirstjen Nielsen left, her replacement, Kevin McAleenan, was not the official designated by the statute to follow her. Accordingly, he lacked the authority to designate Chad Wolf as an UnderSecretary, and Wolf lacked the authority to designate Ken Cuccinelli as the head of ICE.
Bottom line, the entire line of officials following Nielsen were illegally placed, and their decisions – as noted in the article – will likely be null and void, depending on what the Federalist Four on the Supremes think.
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If I was Chad Wolf, I’d be worrying about the likelihoods of being held personally liable, and unable to claim qualified immunity, in Bivens and Sec. 1983 actions.
But, no doubt, Wingnut Welfare will rally to his aid when the judgments hit.
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Agree. The only caveat I have to add is that it should be done at the Hague, rather than going through the US justice system.
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I’m fine with that provided we do it.
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Thank you for recognizing that some of us are capable of seeing past our own noses.
hmmm, a court leaves Chad hanging?
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Prof. Davis* spins in his grave every time the Trump administration purports to do administrative law.
*Ken Davis literally wrote the book on administrative law. Proud to say I was once his student/assistant.
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Clear article Mr. Shuham, thank you.
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45* is standing next to the band playing the triangle - out of sync.
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He’s John Caged
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I was thinking the forces of law and order would helicopter in to set this injustice right! 
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The US doesn’t participate in the International Criminal Court in The Hague.
will be relegated to the dustbin of history on January 20, 2021, long before any applicable statute of limitations has run. Then we need President Biden to make a clean break from the Obama policy to “look forward instead of looking backward.”
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Biden has said—repeatedly—that he would not stand in the way of any prosecutions.
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Indeed, every decision these t raitors have their filthy names on must be challenged. There are lots of lawyers in this country, they need to get busy now.
And people need to find the illegally appointed trumpstains that are supporting McConnell and his traitorous judicial pickstains and go after them. No more judges, shut it down, by any means necessary or possible.
No Judges, McConnell shouldn’t be able to walk out of a building without getting served papers to appear, or these nominees should be challenged for everything they have ever done, they should be accused of criminal acts, dereliction of duty, anything, so that they cannot get approved to serve in the courts.
And if Joe/Kamala win and the Democrats take the Senate, the House needs to start impeaching his judges, and the Senate needs to convict them and remove them from the benches. Start with Appeals Courts, then Kavanaugh, then back to the next level after Appeals Courts, people like Rao, and that Pryor too, they are in violation of their oath of office, or just too stupid for the jobs.
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Here’s a question in seek of a Trump stooge appointee. When you need them to erase illegal actions there’s none to equal them. (I’m not sure if this is snark, or simply an accurate description /s?)