Exactly! That is not going to fly, even with this Court (1792, 1795 Vacancy Acts). If the President claims inherent authority under Article II to name acting officials only when the Vacancies Act does not apply, that assertion depends on a very peculiar & implausible interpretation of Article II.
Reposted from Michael Herz
If he had inherent authority, would the Vacancies Act be unconstitutional, since it limits that authority with regard to the positions to which it does apply? And is that argument next on the list?

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