Power Grab/Fire anyone who can stop him
The administration asks the Supreme Court to uphold its workaround for naming acting U.S. attorneys
Solicitor General D. John Sauer’s September 8, 2026 petition seeks review of a Ninth Circuit ruling that Sigal Chattah may not serve as acting U.S. attorney for Nevada; courts have voided similar appointments in 4 other states.
What happened
On September 8, 2026, Solicitor General D. John Sauer petitioned the Supreme Court to review the Ninth Circuit’s August 17 ruling that Sigal Chattah may not serve as acting U.S. attorney for Nevada. The case is United States v. Jackson. Judge Eric Miller’s opinion held that the Federal Vacancies Reform Act does not allow filling an existing vacancy by naming a new first assistant.
Then-Attorney General Pamela Bondi had named Chattah interim U.S. attorney effective April 1, 2025. As her 120-day term neared its end, Chattah resigned and Bondi designated her first assistant, claiming she thereby became acting U.S. attorney. Sauer called the method a critical tool used for 25 years. Courts have voided similar appointments in 4 other states.
Who benefited
The administration keeps the ability to place its chosen prosecutors in U.S. attorney offices without Senate confirmation, if the Supreme Court agrees. It is asking the Court to approve the first-assistant method after the Ninth Circuit rejected it. Until the Court acts, the ruling stands for Nevada.
Who wanted something
The Justice Department wanted Sigal Chattah to keep running the Nevada U.S. attorney’s office after her 120-day interim term ended. Bondi resigned her from the interim role and designated her first assistant. Sauer defended it as a critical tool used for 25 years.
Who lost out
Sigal Chattah lost her standing as acting U.S. attorney for Nevada, and the cases her office brought under her appointment are in question. The Ninth Circuit held the appointment unlawful on August 17. Courts have voided similar appointments in 4 other states.
Why it matters
The Ninth Circuit held that the Vacancies Act does not allow filling an existing vacancy by naming a new first assistant. Courts have reached the same result in 4 other states. The Justice Department is asking the Supreme Court to reverse it.
Sources SCOTUSblogBloomberg GovernmentThe Nevada Independent