The Supreme Court Should at a Minimum Ask Jack Smith to Brief the Question of the Constitutionality of his Appointment

As readers of this blog know, I think Special Counsel Jack Smith was unconstitutionally appointed and that he lacks standing to petition the Supreme Court for certiorari before judgement.   But what if four justices disagree and vote to grant certiorari?  In that case, I think the Supreme Court should ask Special Counsel Smith to brief the question of whether he has standing and whether his appointment was constitutional?

Could an Attorney General appointed by President Trump appoint, as inferior officers, shadow U.S. Attorneys in Cook County, Illinois, or in New York State thus circumventing the requirement of Senate confirmation in two States which have two Democratic Senators?

Could an Attorney General appointed by President Trump appoint, as inferior officers, a Special Counsel to investigate the editorial writers of the New York Times or the Washington Post on the grounds that they are "vermin"?