Rogoff v. Trump

Case Overview

The court-appointed U.S. Attorney for the Western District of Washington sued after the administration purported to fire him. The office had been vacant since June 2023 with no nominee, and the district court filled it under 28 U.S.C. section 546(d). Rogoff argues that statute is an exercise of Congress-s Appointments Clause power over inferior-officer vacancies, so he serves until a successor is confirmed by the Senate. Counts: ultra vires violation of the Appointments Clause and separation of powers, and a Due Process Clause claim. A preliminary injunction motion was filed the same day with oral argument requested.