1. On Whitaker, I don't have access to the source records that include the session laws that go all the way back beyond 1953 on the evolution of 28 USC 508. What I think happened is Solicitor General used to be the No. 2 at DOJ. They changed that in this session law. 
2. It also references what appears to be the general Fed. vacancy law to provide the Deputy AG is DOJ No 2 under that statute. What I need to see is Section 347, Revised Statutes (5 U.S.C. 293) and Section 177 (presumably of the "Revised Statutes") (5 U.S.C. 4).
3. I have a suspicion that the Solicitor General statute in Section 347 (5 U.S.C. 293) is going to say "shall" not "may." One way or another we need to see it.
On another related matter, I can't find where 28 USC 508(a) was amended to amend the reference to "section 3345."
On another related matter, I can't find where 28 USC 508(a) was amended to amend the reference to "section 3345."
4. @LIICornell notes for say the Fed Vacancy Act was enacted in 1998. So, if 508 was last amended in 1977 something is wrong. I suspect somewhere there were technical correction to harmonize the 3345 reference.
5. When I first started practicing I worked on a UCC Art 9 case that I won by proving the state bound code was different from the session laws that are the controlling authority. We might get lucky. Any help would be appreciated. @tribelaw @neal_katyal @gtconway3d
6. I've said in other posts but will repeat, my late brother was Janet Reno's Chief of Staff. I was right out of law school, fascinated by it all, and I asked him at the time if he could be her replacement. He said he had to be Senate confirmed and it would pass to the Deputy.
7. The citations don't match @CornellLaw but IMO WE HAVE BINGO!: "in the case of a vacancy in the office of the Attorney-General, or in his absence or disability,[Solicitor-General] shall have power to exercise all duties of that office."
8. Above is cited in the SCOTUS Motion Appendix as "Act of July 20, 1870, ch. 150, 16 Stat. 162." I can find no evidence that this "shall" was ever changed before the Reorganization Plan No. 4 switched Deputy to the No. 2 spot in DOJ. I think it is likely a transcription error.
9. All FISA and Title III wire intercept applications should bear the approval of the Hon. Rod Rosenstein who is in my professional opinion the sole lawful Acting Attorney General of the United States. @witehouse Counsel have a duty to inform #SCOTUS @tribelaw @neal_katyal
