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Article snippet: Democrats at the state, local and national level are moving to challenge MORE atop the Justice Department, arguing that Whitaker hasn’t been confirmed by the Senate. "There’s a great rush for people to be the first to bring a challenge, but they are often not the optimal case to do so,” he said, adding that he expects the Maryland case to be one of many.Senate Democrats face an even steeper uphill battle if they decide to pursue a lawsuit — it might not even get off the ground, according to some experts. Stephen Vladeck, professor of Law at the University of Texas School of Law, said the Senate as an institution has to be the one to assert they were injured by Trump’s decision to appoint Whitaker. The injury they’re likely to claim, he said, is that Trump sidestepped the advice and consent role of the Senate by naming Whitaker, previously chief of staff to Sessions at the Justice Department, as acting attorney general over Deputy Attorney General MORE, who was next in command.But Senate Democrats aren’t an institution, according to Vladeck. “Even if every Democratic senator sued, it’s not the kind of institutional injury the Supreme Court has typically required for cases like this,” he said.Still, Democrats have had some success in the past on that front. Last year about 200 Democrats brought a lawsuit against Trump alleging he had violated the Emoluments Clause of the Constitution, which bars presidents from accepting gifts and payments from foreign governments ... Link to the full article to read more