Good Lord - idiot judge undertook a literal reading of the law where it says that the vacancy must be filled by the ASSISTANT to the office.
Cuccinelli worked in the office but not as a direct assistant and therefore the judge orders that his taking the job is unconstitutional.
BS.
How about this.
On Monday Cuccinelli is made the assistant and the current assistant is elevated to Agency Head. One day later elevate Ciccinelli to Agency Head and return the recently promoted assistant to his former position of assistant
Problem solved.
So. Appoint him to be Assistant. Then give him the job.
There is a line to follow. I’d have to go look it up.