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FlownOver, Unraptured's avatar

Self-confidence in the face of competent legal advice is a helluva drug.

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SterWonk's avatar

As law professor Steve Vladeck points out, this is in direct contravention of the Vacancies Reform Act, which states that "a person may not serve as an acting officer for an office under this section, if ... the President submits a nomination of such person to the Senate for appointment to such office."

Which is why they withdrew the nomination. Now he can be appointed and not run afoul of the VRA.

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