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Legitimacy of Wolf, Cuccinelli in Jeopardy

August 14, 2020 (1 min read)

On Aug. 13, 2020 the feds dropped their appeal in L.M.-M. v. Cuccinelli.  This means the March 1, 2020 district court ruling stands.  More here.

On Aug. 14, 2020 the GAO concluded: "Upon Secretary Kirstjen Nielsen's resignation on April 10, 2019, the official who assumed the title of Acting Secretary had not been designated in the order of succession to serve upon the Secretary's resignation. Because the incorrect official assumed the title of Acting Secretary at that time, subsequent amendments to the order of succession made by that official were invalid and officials who assumed their positions under such amendments, including Chad Wolf and Kenneth Cuccinelli, were named by reference to an invalid order of succession."