"As demonstrated in the Memorandum, the appointment of Whitaker as Acting Attorney General instead of Deputy Attorney General (Rod) Rosenstein violates the Attorney General Succession Act, 28 U.S.C. 508, as well as the Appointments Clause of the Constitution, U.S. Const. art. II, 2, cl.," the filing said. "An injunction is warranted because the plaintiff is likely to show that Whitaker's appointment is unlawful."
The state of Maryland also argues that Whitaker's appointment will cause irreparable damage and that appointing Rosenstein as Acting Attorney General would be in the immense public interest.
Last week US Attorney General Jeff Sessions resigned at Trump’s request. Trump in a Twitter post said Matthew Whitaker would fill the role of acting attorney general until a permanent replacement is found. Several lawmakers said such an appointment requires congressional approval.