On August 21, 2026, the Court of Appeals for the Second Circuit upheld an earlier ruling that John Sarcone III’s appointment as Acting U.S. Attorney for the Northern District of New York was unlawful under the Federal Vacancies Reform Act. The Society for the Rule of Law, which had filed an amicus brief in the case, celebrated the outcome as an important bulwark against politicized and illegitimate prosecutions. Signatories of the friend-of-the-court brief included Stuart Gerson, Society for the Rule of Law Board Treasurer and a member of CERL’s Executive Board.

Stuart Gerson is Founding Member of Checks & Balances. He is also a member of the CERL Executive Board.

The views expressed here are the author’s own and do not necessarily represent those of any organization or university.