No Appointments by Rogue Judges Act
Summary
The "No Appointments by Rogue Judges Act" (H.R. 4984) aims to amend Title 28 of the United States Code, specifically concerning vacancies in the offices of United States Attorneys. The bill seeks to modify the process by which these vacancies are filled. It adjusts the time limitations related to these appointments and eliminates a subsection of the existing law.
Expected Effects
The primary effect of this bill would be to alter the procedure for filling vacancies in US Attorney positions. This could lead to changes in how quickly vacancies are filled and who ultimately makes those appointments. The removal of subsection (d) from Section 546 suggests a significant shift in the appointment process.
Potential Benefits
- Could streamline the process of filling US Attorney vacancies.
- May reduce the potential for prolonged periods without a confirmed US Attorney.
- Could clarify the roles and responsibilities of different entities in the appointment process.
- Potentially reduces the influence of individual judges in the appointment process.
- May lead to more consistent application of rules regarding US Attorney appointments.
Potential Disadvantages
- Could potentially politicize the appointment process further.
- May reduce the checks and balances in place for selecting US Attorneys.
- Could lead to unintended consequences if the changes are not carefully considered.
- May shift power dynamics between the executive and judicial branches.
- Could create ambiguity or legal challenges if the amended language is unclear.
Constitutional Alignment
The bill's constitutional alignment hinges on the Appointments Clause (Article II, Section 2, Clause 2), which grants the President the power to nominate, and by and with the Advice and Consent of the Senate, appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. The degree to which this bill modifies or infringes upon that clause will determine its constitutionality. Further analysis would be needed to determine if the changes are within the powers granted to Congress.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).