United States v. Devonte Devon Jackson, et al.

The Federal Vacancies Reform Act of 1998 (FVRA), 5 U.S.C. 3345 et seq., permits an acting officer to perform the functions and duties of an office requiring presidential appointment and Senate confirmation if the appointed officer “dies, resigns, or is otherwise unable to perform the functions and duties of the office.” 5 U.S.C. 3345(a). Although the President can make an alternative choice, the default rule is that “the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity.” 5 U.S.C. 3345(a)(1). Subject to certain exceptions, the FVRA is “the exclusive means for temporarily authorizing an acting official to perform the functions and duties” of a covered office. 5 U.S.C. 3347(a). The questions presented are:

1. Whether a person who becomes the first assistant after a vacancy arises is ineligible to be the acting officer under Section 3345(a)(1).

2. Whether Section 3347(a) prohibits a person who is not an acting officer under Section 3345(a) from being delegated all of the duties of a vacant office that may be delegated to others and that are not exclusive to the vacant office.