Having said that, the biggest flaw in the lawsuit these three idiots filed is that I don't see how they can have any legal standing to challenge Whitaker's appointment. They aren't parties to a case that he is prosecuting, so their recourse is to deal with Whitaker in their official capacities as U.S. Senators.
Dershowitz is probably wrong on anything related to an “acting” appointment under the Vacancies Act of 1998 to a cabinet position reporting directly to the President. There’s a good chance the Whitaker appointment wouldn’t stand up to constitutional scrutiny here.
Dershowitz disagrees with you, Mark Levin disagrees with you, a lot of other lawyers disagree with you, and the DOJ disagrees with you. Plus I read somewhere that this law had been used over 100 times for just this purpose.
So what do you know that they don’t?