Maryland also argued that the appointment of Whitaker violates a provision of the Constitution, which specifies that top positions in the government can be filled only by someone who has been confirmed by the Senate. ... But Engel's opinion said the Justice Department has..…

'It is troubling, to say the least, that the president is attempting to fill a 'vacancy' he created himself with a 'temporary' appointment that might last for many months or years,' says Frosh, 'especially when, as there, the temporary appointee has not been confirmed by the Senate.' . . Maryland's..…