Opening Arguments The Vacancies Act - How Trump Has Used and Abused It, and Might Again
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Jan 27, 2025 In this engaging discussion, Stanford Law professor Anne Joseph O’Connell, an expert on the Federal Vacancies Reform Act, unpacks the nuances of presidential power and accountability, particularly during Trump’s presidency. O’Connell reveals how the Act was potentially circumvented to appoint acting heads without Senate confirmation. She shares insights from her own experience in government, the implications of 'acting' appointments on national policy, and memorable moments clerking for Ruth Bader Ginsburg, blending legal expertise with personal anecdotes.
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DOJ Experiences
- O’Connell describes her diverse experiences at the DOJ, including working on anti-terrorism task forces after 9/11.
- She also defended the National Zoo's pandas in a lawsuit involving a Chinese gun company and a default judgment against China.
Vacancies Act Overview
- The Federal Vacancies Reform Act (Vacancies Act) limits who can be an acting official and their term length.
- Violating these rules has consequences, including potential court action to overturn decisions made by improperly appointed officials.
Trump's Use of Actings
- Trump's preference for "acting" officials wasn't new, but he used them at higher levels.
- This circumvents Senate confirmation, allowing quicker appointments and potentially bypassing scrutiny for controversial figures.