Trump Admin Past Deadline To Replace "Acting" Bureaucrats, Leaving Decisions Open to Legal Challenge

What’s the story?

According to the Vacancies Reform Act, presidents have 300 days after a presidential transition to fill positions that are politically appointed. This prevents presidents from evading Senate review of appointees, according to Bloomberg.

The 300-day deadline came in mid-November, yet 250 of the 620 key government positions requiring Senate confirmation have not been nominated. Those positions are being filled by "acting" staff, who’s actions past the deadline can now be potentially challenged in court as being invalid because they lack the proper legal authority.

One key appointment, Acting Assistant Secretary at the Bureau of Land Management, is being filled by career official, Katharine MacGregor. Or at least that’s what she’s called on the Interior Department website, though the Federal Register now refers to her as a deputy assistant secretary "exercising the authority of the assistant secretary."

In early December she signed a final rule delaying many requirements in the Obama administration’s controversial rule restricting methane emissions from oil drilling on public lands.

Other "acting" bureaucrats, with a quickly shifting series of titles, are making decisions at the USDA, the National Park Service, the EPA and in other agencies.

What do you think?

Should the administration have to initiate nomination processes for all key appointments before issuing final rules or decisions? Should some rules or decisions be suspect and not others? Should we trust that career officials are perfectly qualified to take these actions and leave it at that?

Tell us in the comments what you think, then use the Take Action button to tell your reps!

Take Action

— Asha Sanaker

(Photo Credit: Bureau of Land Management via Flickr / Creative Commons)