@dorfonlaw; @AndrewHymanEsq; @jennmascott; @tribelaw; @mjs_DC; @neal_katyal; @gtconway3d; @MichaelRapp; @steve_vladeck; @AJosephOConnell: @walterdellinger
justsecurity.org/61483/initial-…
ii. Berry also confirms the point @walterdellinger and I made that the early generations probably didn’t see any AC concerns ...
v. This "exigency" understanding of Eaton explains much of the *remainder* of the early history—
vi. Even the relatively small part of the early history involving cases of true “vacancies,” however, doesn't justify the Whitaker assignment, for several other reasons that Berry doesn't emphasize.
In other words, in virtually all the early cases that are even arguably relevant, the POTUS had no option *other than* to choose ...