The Motion to Substitute

The Supreme Court would be doing everyone a favor by ordering briefing on the motion to substitute that Tom Goldstein has filed challenging the legality of the Acting Attorney General's appointment. I doubt that the Court would ever have to resolve this dispute. The mere order of briefing probably will hasten either the nomination of the next Attorney General or the withdrawal of Whitaker in favor of Rod Rosenstein, whom everyone agrees can serve as the Acting Attorney General.