No Appointments by Rogue Judges Act

The bill titled the No Appointments by Rogue Judges Act would make a targeted change to the law governing vacancies in the office of United States Attorney (USA). Specifically, it revises 28 U.S.C. § 546 to (1) redefine the timing for filling a U.S. Attorney vacancy to be “the expiration of the time limitations in section 3346,” and (2) remove an existing subsection (d) of § 546. In short, the measure narrows and clarifies how and when a vacancy should be filled and eliminates a provision that previously existed as part of the vacancy process. The name of the bill signals an aim to reduce or remove a pathway for judges to appoint interim or acting U.S. Attorneys. Potentially, this would shift authority and urgency for filling vacancies further toward the executive branch (the President/Department of Justice) and away from judicial appointment mechanisms, with a specific deadline tied to general time-limits in the federal statutes.