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Attorney General Mukasey may be gone, but he's not forgotten

Attorney General Mukasey may be gone, but he's not forgotten: As the web site of the U.S. Department of Justice confirms, former U.S. District Judge Mark Filip is today serving as the Acting Attorney General pending the U.S. Senate's confirmation of Attorney General-designate Eric H. Holder.

Today, however, the U.S. Court of Appeals for the Second Circuit issued two rulings (here and here) in cases where the caption was titled "v. Mukasey." And a footnote in the first of those two cases even goes so far as to say that the caption has been updated pursuant to Federal Rule of Appellate Procedure 43(c)(2) to reflect that Michael B. Mukasey is the current Attorney General. (It is also interesting to note, as that same opinion discloses, that an active judge serving on the Tenth Circuit recently sat by designation with the Second Circuit.)

Thus, the race continues to see which federal appellate court will be the first to issue a precedential ruling identifying as a party a successor to former Attorney General Mukasey.

Full post as published by How Appealing on January 21, 2009 (boomark / email).