Supreme Court Rejects Smith’s Request For Justices To Hear Trump Immunity Dispute
https://conservativebrief.com/supreme-court-jack-smith-79700/

On Wednesday, attorneys for former Attorney General Ed Meese and two of the top constitutional scholars in the country filed a brief arguing that the U.S. Supreme Court must reject Smith’s petition against Trump because his appointment as special counsel is unconstitutional.

Their amicus brief contends that Smith’s representation of the United States in his petition for certiorari to the Supreme Court is invalid due to his lack of authority. This is because Congress has not established the position he holds, and his appointment is in violation of the Constitution’s “Appointments Clause.”

The filing alleges that U.S. Attorney General Merrick Garland made an improper appointment of Smith to a non-existent office, for which Garland lacks the necessary authority, Breitbart noted.

Meese, Steven Calabresi, the co-chairman of the Federalist Society, and Gary Lawson, a renowned constitutional law professor, contend that Congress alone has the authority to create federal positions like the one Smith is currently holding, and Congress has not used this power.

Although the Constitution establishes the positions of President and Vice President, Congress possesses exclusive authority to establish additional positions, as the Constitution stipulates that such positions must be “established by law.”
Supreme Court Rejects Smith’s Request For Justices To Hear Trump Immunity Dispute https://conservativebrief.com/supreme-court-jack-smith-79700/ On Wednesday, attorneys for former Attorney General Ed Meese and two of the top constitutional scholars in the country filed a brief arguing that the U.S. Supreme Court must reject Smith’s petition against Trump because his appointment as special counsel is unconstitutional. Their amicus brief contends that Smith’s representation of the United States in his petition for certiorari to the Supreme Court is invalid due to his lack of authority. This is because Congress has not established the position he holds, and his appointment is in violation of the Constitution’s “Appointments Clause.” The filing alleges that U.S. Attorney General Merrick Garland made an improper appointment of Smith to a non-existent office, for which Garland lacks the necessary authority, Breitbart noted. Meese, Steven Calabresi, the co-chairman of the Federalist Society, and Gary Lawson, a renowned constitutional law professor, contend that Congress alone has the authority to create federal positions like the one Smith is currently holding, and Congress has not used this power. Although the Constitution establishes the positions of President and Vice President, Congress possesses exclusive authority to establish additional positions, as the Constitution stipulates that such positions must be “established by law.”
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