Head of DOJ’s Civil Rights Division Is Violating Federal Law
Vanita Gupta, the acting head of the U.S. Justice Department’s Civil Rights Division, apparently has been working in violation of federal law for more than a year and a half.
That may render all of the official actions she has taken during that period—lawsuits, demand letters, hires, you name it—“void” and of no effect.
To deter presidents from trying to get around the Senate’s constitutional “advise and consent” role in executive branch appointments, Congress passed the Federal Vacancies Reform Act in 1998. A
key section of the law sets restrictions and time limitations on how long someone can remain as the “acting” official in a position that must be confirmed by the Senate.
Under the Federal Vacancies Reform Act, when an office that requires Senate confirmation becomes vacant, “the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346.” The time limitation set by that section is 210 days.
...she was appointed on Oct. 15, 2014, by President Barack Obama.
Obama never actually nominated Gupta to be the assistant attorney general for Civil Rights, nor did he ever recess appoint her into the job.
....every action Gupta has taken since May 13, 2015, may have been of “no force or effect.”
States, towns, businesses, schools, and police officers who have been targeted by Gupta’s Civil Rights Division should realize that they may have a valid defense under the Federal Vacancies Reform Act against any actions taken against them by the division while Gupta has been the acting assistant attorney general.