Phil Washington, President Biden’s nominee to serve as administrator of the Federal Aviation Administration, faces a potential obstacle to his confirmation: Some members of Congress believe that he is ineligible to serve in the position. The difficulty is that Washington is a U.S. Army retiree, and a statute requires that the FAA administrator be a “civilian.” Rep. Sam Graves (R-Mo.) recently asserted in The Hill that Washington “unequivocally fails to meet the very clear legal requirements to serve as FAA administrator, and thus requires a legislative waiver from Congress to serve.” As a law professor who studies statutory interpretation, I have to say that Rep. Graves is incorrect
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