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Supreme Court refuses to review legality of Whitaker as acting AG

The Supreme Court on Monday refused to hear a challenge to the legality of President TrumpDonald John TrumpBiden adds to vote margin over Trump after Milwaukee County recount Krebs says allegations of foreign interference in 2020 election 'farcical'  Republicans ready to become deficit hawks again under a President Biden MORE’s decision to name Matthew Whitaker acting attorney general.

The request came in a case, which the court also refused to review, disputing the constitutionality of the lifetime ban on felons owning guns when it’s applied to someone who served their sentence a long time ago and has since been a law abiding citizen.

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Attorneys for Barry Michaels, the Nevada man at the center of the Second Amendment case, argued that under the federal succession statute Senate-confirmed Deputy Attorney General Rod RosensteinRod RosensteinTrump turns his ire toward Cabinet members Ex-deputy attorney general says Justice Dept. 'will ignore' Trump's threats against political rivals The Hill's Morning Report - Sponsored by Facebook - Trump's erratic tweets upend stimulus talks; COVID-19 spreads in White House MORE automatically became acting attorney general after former Attorney General Jeff SessionsJefferson (Jeff) Beauregard SessionsAlabama zeroes in on Richard Shelby's future Tuberville incorrectly says Gore was president-elect in 2000 Next attorney general must embrace marijuana law reforms MORE stepped down in November, and that Whitaker’s appointment violated the Appointments Clause of the Constitution.

Thomas Goldstein, one of Michaels's attorneys, noted that Whitaker’s actions on anything from appointing immigration judges to overseeing special counsel Robert MuellerRobert (Bob) MuellerCNN's Toobin warns McCabe is in 'perilous condition' with emboldened Trump CNN anchor rips Trump over Stone while evoking Clinton-Lynch tarmac meeting The Hill's 12:30 Report: New Hampshire fallout MORE’s Russia investigation could be challenged in court if his appointment is later found to be invalid.

“If this Court declines to resolve this question immediately and instead determines several months in the future that Mr. Whitaker’s appointment was always invalid, then ‘unwinding’ all of those personal orders would be a fraught and disruptive exercise that could embroil the federal courts in innumerable collateral disputes,” Michaels's attorneys wrote in a brief.

The justices denied review of both Michaels’s case and Whitaker’s role as acting attorney general in the case.

At least four justices are needed to agree to review a case.

Updated at 10:19 a.m.