Last week, after demanding the resignation of Attorney General Sessions, President Trump named Matthew Whitaker, Sessions's chief of staff, to be the "Acting" Attorney General. This designation is consistent with a federal statute, the Federal Vacancies Reform Act, but it raises a constitutional question. The Constitution requires the Attorney General to be confirmed by the Senate; Whitaker was not confirmed by the Senate; does the same requirement apply to the "Acting" Attorney General?

Neal Katyal and George Conway have an op-ed in the New York Times arguing that the appointment is unconstitutional. Steve Vladeck has an op-ed in the same paper arguing the contrary. More information and sources are available from Marty Lederman and Andrew Hyman and Michael Ramsey.

Read more at The Volokh Conspiracy