"Pendley has served and continues to serve unlawfully as the Acting BLM Director," Morris wrote in his opinion. "His ascent to Acting BLM Director did not follow any of the permissible paths set forth by the U.S. Constitution or the (Federal Vacancies Reform Act). He added, "Secretary Bernhardt lacked the authority to appoint Pendley as an Acting BLM Director under the FVRA. Pendley unlawfully served as Acting BLM Director after the President submitted his permanent appointment to the Senate for confirmation -- another violation of the FVRA. And Pendley unlawfully serves as Acting BLM Director today, under color of the Succession Memo."

Source: CNN September 26, 2020 01:18 UTC