The state of Maryland has gone to court against the Trump administration, seeking to remove Matthew Whitaker as acting attorney general and install Deputy Attorney General Rod Rosenstein as the acting head of the Justice Department.
On Thursday, Maryland asked federal District Court Judge Ellen L. Hollander to issue an injunction barring Whitaker from performing his duties as acting attorney general related to a pending Obamacare case and asked that Rosenstein be substituted in his place. The lawsuit argues that President Donald Trump may not "bypass the constitutional and statutory requirements for appointing someone to that office,” claiming Whitaker's appointment as acting attorney general was unconstitutional.
Trump made Whitaker acting attorney general last week after requesting Jeff Sessions' resignation from the top position at the Department of Justice. Whitaker formerly served as Sessions' chief of staff. His appointment has given rise to controversy over past statements he's made criticizing special counsel Robert Mueller's investigation into potential Russian collusion with the Trump presidential campaign in the 2016 election. Democrats have accused Trump of instigating a "constitutional crisis" by giving Whitaker oversight over Mueller based on "hostile statements" made about the probe.
Reuters reports that the city of San Francisco on Monday told the Justice Department it may also sue to challenge Whitaker's appointment.