State AG-Private Atty Alliances Must Be Put To The Lucia Test

By Daniel Pariser, Anna Thompson and Kolya Glick (July 15, 2020, 4:45 PM EDT) -- The appointments clause of the U.S. Constitution guards fundamental democratic principles by ensuring that all "officers of the United States" are accountable to the people.[1]

For principal officers — such as judges and ambassadors — it provides that the president shall have nomination power, but the Senate must confirm the nominee.[2] For inferior officers, "Congress may by law vest the appointment [power] ... in the President alone, in the courts of law, or in the heads of departments."[3] As the U.S. Supreme Court has explained, "the Appointments Clause was designed to ensure public accountability for both the making of a bad...

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