Goldstein has asked the Supreme Court to clear up any confusion about whether Whitaker or Deputy Attorney General Rod J. Rosenstein has the legal authority to fill the job.
“This is the extraordinary case in which the identity of the successor is both contested and has important implications for the administration of justice nationally,” the filing argues. “This motion seeks to resolve the dispute.”
Goldstein said legal challenges to Whitaker’s appointment will keep popping up in various court cases around the country, and the Supreme Court should weigh in to settle the issue.
“This is turning into a mess,” he said. “These things are going to start boiling up.”