Part 6/12:
He explained that in recent cases, courts have rejected interim appointees—like Alina Haba in New Jersey and Lindsey Haligan in Virginia—arguing that the appointment process was improperly executed. Specifically, the courts contended that once the 120-day period expires without Senate confirmation, the court should decide who occupies the position, rather than simply renewing the interim appointment.
A significant legal question under review is whether the 120-day appointment "resets" when a new appointment is made or if the court’s authority over the appointment persists beyond that period. In Virginia, the court accepted a nomination which did not align with the typical process, leading to disputes over whether the court or the executive branch has the authority to select U.S. attorneys.