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19 Jul 2018, 12:53 pm by Tejinder Singh
” As support, he cited only Justice Antonin Scalia’s 1991 concurring opinion in Freytag v. [read post]
13 Jul 2018, 4:56 am by Kathy Kapusta
Constitution’s Appointments Clause, largely comparing the SEC’s ALJs to the Tax Court’s special trial judges whom the Court previously held were officers in its Freytag opinion. [read post]
5 Jul 2018, 4:22 am by Josh Blackman
If, however, the regulations cannot be repealed unilaterally—for example, if the rescission may be subject to judicial review pursuant to the Administrative Procedure Act (APA)—then under Justice Antonin Scalia’s Morrison v. [read post]
4 Jul 2018, 12:05 pm by Kevin LaCroix
  In reaching its decision, the Court relied heavily on its 1991 decision in Freytag v. [read post]
22 Jun 2018, 6:34 am by Gillian Metzger
  The majority ruled that the case was governed by the court’s earlier decision in Freytag v. [read post]
21 Jun 2018, 3:20 pm by Mark Walsh
” That second part is open to interpretation, she says, but here all the court has to do is follow a 1991 decision, Freytag v. [read post]
21 Jun 2018, 12:42 pm by Jeffrey McCoy and Oliver Dunford
The court stated that the SEC’s ALJs “are near-carbon copies” of the tax-court judges the court ruled were “officers” in Freytag v. [read post]
21 Jun 2018, 10:54 am by Ronald Mann
The biggest problem for the defenders of those positions is the 1991 decision in Freytag v. [read post]
23 Apr 2018, 2:33 pm by Ronald Mann
The basic point is that the activities of the officers here are similar to the activities considered by the Supreme Court in its 1991 decision in Freytag v. [read post]
2 Jan 2018, 3:12 am by Marty Lederman
  Concededly, however, it’s a close and unresolved question, owing in part to the somewhat cryptic and imprecise opinion of the Court in Freytag v. [read post]