Judge Moss said the way Cuccinelli was appointed Acting Director of Immigration and Naturalization is not constitutional because the executive branch must submit its nominees for top federal jobs to Congress for approval.
The federal judge, an appointee of President Obama, held that Cuccinelli was not eligible to become acting USCIS director last year because the position of principal deputy he initially assumed was not a "first assistant" job, as defined by the 1998 law.
""Republican senators warned the White House that appointing Cucinelli would violate the law and face backlash from the courts""
Bout time the third branch checks
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