WASHINGTON, DC (Nov. 17, 2016): The U.S. Department of Justice Civil Rights division has been working in violation of federal law for more than a year and half, making several important decisions that are likely "void and . . . not subsequently ratified," according to Heritage Foundation constitutional scholar Hans von Spakovsky.
In a powerful article appearing today in the Daily Signal, von Spakovsky points out that a pending U.S. Supreme Court case, NLRB v. SW General (a case in which SLF joined as amicus - brief here), confirmed in a district court opinion that the Federal Vacancies Reform Act means what it says - the President must affirmatively appoint certain positions, including the assistant attorney general in charge of the DOJ Civil Rights division. Failure to do so in the case of "acting deputy" Vanita Gupta means that she is serving without authority and, by the letter and intent of the law, her decisions and actions may be void and of no effect.