The Cuccinelli Loophole

Here’s the reason this latest decision, largely impacting the flow of immigrants and refugees, is important to Second Amendment rights. Trump did exactly the same thing in bypassing the lawfully designated “first assistant” to the Attorney General when Jeff Sessions resigned. He appointed Matthew Whitaker, bypassing the Deputy Attorney General at the time.
Whitaker, as acting AG, oversaw the rule-making for the “bump-stock-type devices ban, and signed it on December 18, 2018. It took effect on march 26, 2019.
If, like Cuccinelli, Whitaker wasn’t lawfully appointed to the acting position, then the actions he took in that role have no effect. The administration has tried to dodge that problem by having newly confirmed Attorney General Barr “ratify” the bump stock ban by signing it again. [More]

Oooh, good point. Be great if it voided this.

Lemme run it by my lawyer.