Whether or not this legal analysis holds up, President Trump’s hiring of his son-in-law and daughter undoubtedly violates the intended purpose of the anti-nepotism statute. Originally passed after President Kennedy appointed his brother as attorney general, the statute manifestly aims to prevent the president from appointing family members to government positions. Allowing nepotism — especially at the highest level of government — undermines the integrity of the Administration’s policy making. President Trump’s appointments of his daughter and son-in-law make clear that he is not interested in selecting the most qualified candidates, and also may violate President Trump’s own Ethics Pledge. Neither Mr. Kushner nor Ms. Trump has any significant experience in policymaking. … These appointments also are likely to inhibit the ability of other government employees to give candid opinions about policy proposals and personnel matters for fear of alienating the president’s family members.

Moreover, serving as a presidential advisor to a close family member raises a larger and more serious question about whether Ms. Trump’s and Mr. Kushner’s primary allegiance is to the Constitution or to President Trump personally and his brand. In a monarchy, these interests may be one and the same, but not necessarily in a democracy.