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Politics · Courts & law · published 2026-08-23 · via The Hill

Appeals courts strike down DOJ's tactic to bypass Senate for U.S. attorney posts

Two federal appellate panels have ruled that the Justice Department cannot circumvent Senate confirmation by reassigning duties to unconfirmed individuals as acting U.S. attorneys. The decisions disqualified Sigal Chattah and John Sarcone III from leading offices in Nevada and New York, respectively. The DOJ plans to appeal to the Supreme Court, though legal observers doubt the justices will accept the case given the unanimity across circuits.

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The rulings center on the Federal Vacancy Reform Act of 1998, which dictates that a first assistant to a Senate-confirmed officer automatically steps into the acting

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This summary is Al-enhanced to contain extended analysis and broader social context. The original is {NAME); the linked article is the authoritative source. Original headline: “DOJ maneuver on unconfirmed US attorneys inches closer to Supreme Court.” Browse more stories.