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KAJMOWICZ v. WHITAKER

No. 21-2434.

42 F.4th 138 (2022)

Garrett KAJMOWICZ, Appellant, v. Matthew G. WHITAKER, in his official capacity as former Acting Attorney General United States of America; Bureau of Alcohol Tobacco Firearms & Explosives, an agency of the Department of Justice; Director Bureau of Alcohol Tobacco Firearms & Explosives; United States of America; Attorney General United States of America.

United States Court of Appeals, Third Circuit.

Filed: July 21, 2022.

Attorney(s) appearing for the Case

Thomas C. Goldstein , Daniel H. Woofter [Argued], Goldstein & Russell, 7475 Wisconsin Avenue, Suite 850, Bethesda, MD 20814, Counsel for Appellant.

Brian M. Boynton , Cindy K. Chung , Scott. R. McIntosh , Sarah W. Carroll [Argued], United States Department of Justice, Civil Division, Appellate Staff, Room 7511, 950 Pennsylvania Avenue NW, Washington, DC 20530, Counsel for Appellees.

Before: HARDIMAN, RENDELL, and FISHER, Circuit Judges.

OPINION OF THE COURT

Matthew Whitaker's service as Acting Attorney General of the United States has engendered both litigation and academic debate. The President's decision to rely on his authority under the Federal Vacancies Reform Act, 5 U.S.C. §§ 3345-3349d (the "Vacancies Reform Act"), to bypass the...

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