Subject: Re: Faster but Vulnerable - Recess Appointment Edition
How long will it take the democrats to get in front of the Supreme Court with this?

To the SCOTUS? At least two years.

But that doesn't really help Trump. Canning was not a direct challenge to the appointment of the contested NLRB member - it was a collateral attack against one of the actions taken by the member. A similar collateral attack could be brought almost immediately against any recess appointee.

So if Gaetz is named AG as a recess appointment, any action he takes can be challenged in district court on the grounds that he lacked the authority to do it. So if he fires someone, that person would go into court and ask the judge to issue an injunction against DOJ firing him, on the grounds that the AG wasn't properly appointed. Or if he takes any action on any of the many law enforcement actions that are routinely and regularly brought by DOJ to, you know, prosecute any criminal that's violated federal law.

In that posture, a plaintiff could get a ruling on a temporary injunction within weeks - if not days - of the first action taken by the appointee, depending on the circumstance. If the judge ruled for the plaintiff, it would effectively paralyze the appointee until the injunction was lifted.