Former Members of Congress Join the Institute’s Amicus Brief Defending Separation of Powers

Society for the Rule of Law Board Member Barbara Comstock and Charter Member Mickey Edwards joined the Society for the Rule of Law Institute in filing an amicus brief in United States v. Julien Giraud Jr. and Julien Giraud III.

The brief, filed in support of neither party, urges the court to interpret the Preserving United States Attorney Independence Act of 2007 in a manner faithful to its intended separation-of-powers purpose. That law restored a 120-day limit on interim U.S. Attorney appointments unless the Senate confirms a nominee.

The amici argue that the Administration’s recent decision to extend Alina Habba’s tenure as U.S. Attorney beyond that statutory limit, without Senate confirmation, raises serious separation-of-powers concerns. They stress that Congress intended to preserve the Senate’s role in confirming those who serve beyond a short interim period while allowing for temporary appointments only when necessary.

The brief was also signed by Gregg Nunziata, Executive Director of the Society for the Rule of Law Institute.

Read the full motion for leave to file here and the full amicus brief here.