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In a decision approving the bump stock prohibition, Judge Dabney Friedrich also holds Matthew Whitaker’s appointment as acting Attorney General constitutionally valid. documentcloud.org/documents/5750…
Friedrich also states as fact in this opinion that Jeff Sessions resigned on November 7, 2018. cc @chrisgeidner
Judge Friedrich rests her constitutional analysis of Whitaker’s appointment pretty much entirely on the practices of the early republic and later Congressional activity. It’s a reasonable opinion, but one that treats the Constitution as a living, breathing document. 
You might not expect that from a judicial appointee who the Heritage Foundation touted as an “originalist, textualist” when she was nominated. It’s another example of how textualism tends to be jettisoned when it doesn’t produce the judge’s desired outcome.
