Is the application of Fed. R. App P. 2 unconstitutional and violates the appointment provision under Art. II, § 2, cl. 2 of the United States Constitution

QUESTION PRESENTED Is the application of Fed. R. App P. 2, by the United States Court of Appeals for the Fifth Circuit in the case | , at hand Unconstitutional and violates the appoint} ui { ‘* ment provision under Art. II, § 2, cl. 2 of the United | States Constitution, by delegating appellate judicial , decisions to a class of “mere employees” who are not , appointed “Officers of the United States” pursuant to Art. IT, § 2, cl. 2 of the United States Constitution. : | ii , |