The state of Maryland plans to ask a federal judge on Tuesday for an order declaring that Rod Rosenstein is the acting attorney general — not Matt Whitaker, who was appointed to that position last week after the forced resignation of Jeff Sessions.

If the judge does as Maryland asks, ruling that Whitaker cannot serve as attorney general, it would be a blow to President Donald Trump, who bypassed Rosenstein in favor of someone who has repeatedly criticized Robert Mueller’s investigation of Russian election meddling.

The Justice Department would immediately appeal any such ruling, and the case could be on a fast track to the Supreme Court.