Search for: "In Matter of Thomas Freytag*"
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21 Jun 2018, 2:06 pm
Deciding, as the Supreme Court did, that the SEC must itself appoint its ALJs would seem a matter of limited practical consequence — a point to which I will return. [read post]
22 Jun 2018, 6:34 am
That view garnered only the support of Thomas and Gorsuch, who argued that it represented the original public meaning of “Officers of the United States. [read post]
21 Jun 2018, 10:54 am
On one side, Justices Clarence Thomas and Neil Gorsuch join her opinion, but argue that in future cases the Supreme Court should apply an historical standard that would treat as officers “all federal civil officials that perform an ongoing, statutory duty—no matter how important or significant the duty. [read post]
22 Jun 2018, 3:22 pm
But more important than the subject matter or technical statute at hand was Justice Anthony Kennedy’s concurring opinion, which was both exceedingly short and exquisitely fraught. [read post]
23 Apr 2018, 2:33 pm
If that summary captured the entire argument, I might have expected a strong majority to rule in favor of the existing appointments, perhaps with a dissent from Roberts and Justices Clarence Thomas and Neil Gorsuch. [read post]
21 Jun 2018, 12:42 pm
Furthermore, it may not matter whether these rules and regulations are “final decisions” or whether the decisions must be approved by others in the agency. [read post]
22 Jun 2018, 5:57 am
Indeed, if the concurring views of Justices Clarence Thomas and Neil Gorsuch prevailed, everyone would be an officer “even if they performed only ministerial duties—including recordkeeping, clerks and tidewaiters (individuals who watched goods land at a customhouse). [read post]
23 Jul 2018, 11:50 am
As a matter of first impression, it would appear that Mueller’s appointment is “temporary. [read post]
23 Sep 2010, 9:58 am
He warns, quoting Justice Thomas from Chicago v. [read post]
13 Jul 2018, 4:56 am
Justice Thomas concurred in part. [read post]
