The Senate shouldn’t be sleeping on Whitaker’s unconstitutional appointment

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The resignation of Attorney General Jeff Sessions and his replacement with “acting Attorney General” Matthew Whitaker has proven quite controversial since it was announced. Big-name, right-of-center constitutional experts — including, it appears, Supreme Court Justice Clarence Thomas by a backdoor route — have opined that it is straight-up unconstitutional.

It is a conclusion that’s hard to disregard on its merits. But the failure of the administration to respect the “advice and consent” clause of the Constitution is not the only reason why the Senate should be pushing back, and hard, on the acting attorney general situation.

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