The Trump administration has petitioned the U.S. Supreme Court to address the legality surrounding the appointment of acting U.S. attorneys, particularly focusing on Nevada, where the appointment of Sigal Chattah has come under judicial scrutiny. A ruling by the U.S. Court of Appeals for the 9th Circuit determined that Chattah was ineligible to serve as the acting U.S. attorney and subsequently disqualified her from participating in related prosecutions.
Initially, Jason Frierson served as the U.S. Attorney for the District of Nevada until he stepped down prior to President Trump’s second inauguration. Pamela Jo Bondi, who was serving as attorney general at that time, appointed Chattah as interim U.S. attorney effective April 1. However, Chattah resigned just before her interim term expired and was designated first assistant U.S. attorney instead, a move that caused further legal complications.
The Federal Vacancies Reform Act (FVRA) plays a pivotal role in this matter, as it dictates how the executive branch can temporarily fill vacancies for roles requiring Senate confirmation. According to the 9th Circuit’s interpretation, the law does not allow the executive branch to appoint a first assistant after a position becomes vacant.
Solicitor General D. John Sauer, representing the Trump administration, argues that the petition underscores the importance of resolving the varied interpretations of the FVRA among different courts. The 9th Circuit’s stand contradicts decisions made by the Federal Circuit, which allows for a senior official to delegate duties to a more junior official during a vacancy.
Given the confusion and divergence in judicial rulings, the Trump administration stresses that Supreme Court intervention is necessitated. This need for clarity is heightened by the disruption the lack of uniformity could impose on more than 8000 civil and criminal cases handled annually by U.S. Attorney offices within the 9th Circuit.
The defendants challenging Chattah’s designation have until October 8 to submit their objection to the petition, though an extension may be requested. For more in-depth information, the full context is provided in this detailed article on SCOTUSblog.