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So the statute says that it doesn't apply when a statutory provision expressly authorizes the head of a department, here the attorney general, to designate an officer or employee. so what you have here is a statute that in another part of the statutes it designates and allows the attorney general to designate. so by its own words the vacancies reform act doesn't apply. it also has an absurdity because there's another part of the act which says if the attorney general and it deputy attorney general are unavailable, then it designates the associate attorney general. it would be absurd for a stat...

Apply. it also has an absurdity because there's another part of the act which says if the attorney general and it deputy attorney general are unavailable, then it designates the associate attorney general. it would be absurd for a statute to say if we're missing two people, we're going to designate a third. oh, but wait, if we're missing one person then the president gets to nominate his spy, lackey matt whitaker. that doesn't make sense for the statute. and there's a third reason why the statute shouldn't be applied this way and that's because you dig into the purpose of why the statute was w...

Sharpest. >> between scalia and roberts, right, this is a big debate. explain the difference here a little bit. there's been a lot of commentary on this. scalia looks at it in almost a strict -- the description of strict construction and is it fair to call roberts an institutionalist. >> justice scalia has written about this as a textualist. what would the founding fathers say. finding no meaning beyond the words of law itself. remember, in the -- in his majority opinion in the obama care case, you have scalia saying this is crazy, you're twisting the statute shouldn't be doing this. the justi...

Right, this is a big debate. explain the difference here a little bit. there's been a lot of commentary on this. scalia looks at it in almost a strict -- the description of strict construction and is it fair to call roberts an institutionalist. >> justice scalia has written about this as a textualist. what would the founding fathers say. finding no meaning beyond the words of law itself. remember, in the -- in his majority opinion in the obama care case, you have scalia saying this is crazy, you're twisting the statute shouldn't be doing this. the justice twice quotes him as you have to read t...