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NEW: A federal judge in Maryland has dismissed the state's lawsuit seeking to enforce the constitutionality of Obamacare as too speculative at this point — and, as a result, declared the challenge to Acting AG Matt Whitaker's appointment moot assets.documentcloud.org/documents/5717… 
The judge found that notwithstanding Trump's rhetoric about the ACA, there isn't any concrete indication the admin will stop enforcing it now: "In effect, the State proclaims that the sky is falling. But, falling acorns, even several of them, do not amount to a falling sky"
And if the plaintiff (the state of Maryland) lacks standing to sue now, the judge wrote that any fight over whether Whitaker should be named in the lawsuit as the acting AG (which is a fight over whether his appointment was lawful) is moot
In sum: In the universe of cases out there where someone is challenging Whitaker's appointment, this is not one where a judge is going to rule on the issue (at least for now — the case was dismissed without prejudice to try again later)
