In Lucia v. SEC—the case over whether SEC ALJs are "officers" needing presidential appointment—all of the justices except Thomas (as is his practice) spoke up. This is one of those cases that felt like the justices were really trying to figure out what the best path forward is.
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When Principal Deputy SG Wall noted that Breyer previously had suggested that all ALJs would be officers, Breyer countered that he was writing that in dissent then — listing a parade of horribles — whereas today, "It does not appear to me now as it appeared to appear to me then."
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Here is Breyer's Free Enterprise dissent in question: https://www.law.cornell.edu/supct/html/08-861.ZD.html …
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When Wall asserted that you can argue that SEC ALJs issue binding decisions and said "it's manipulable," Justice Sotomayor countered, "Everything is manipulable."
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It truly was a very interesting argument, with important questions about the way effective governance is best ensured, through independence (removal from politics) or political accountability, and then what limits the Constitution places on those decisions.
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BTW, here was the full
#SCOTUS orders list from this morning: https://www.supremecourt.gov/orders/courtorders/042318zor_6j37.pdf …1 reply 2 retweets 4 likesShow this thread -
This afternoon we have Deputy AG Rod Rosenstein arguing in a rare afternoon
#SCOTUS argument (which generally only happens when they have three arguments in a day) — this one about federal sentencing law.1 reply 8 retweets 24 likesShow this thread -
Deputy Attorney General Rod Rosenstein leaving the Supreme Court following arguments in a sentencing law case this afternoon.pic.twitter.com/yIRm9dVX3n
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Replying to @chrisgeidner
look at that plucky li’l fella in the blue tie!
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Replying to @dominicholden @chrisgeidner
100% guarantee he tells dates he works "for the government."
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He’s married, it would appear, not that I was checking, but I was, not that that answers the question, but it could inform it.
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Replying to @chrisgeidner @dominicholden
In that case, he DEFINITELY tells dates he works for the government.
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