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Saturday, November 14, 2020 8:55:40 AM
While I am not certain what would happen with the "at will" provision inserted into HERA by the 5th Circuit En Banc decision or whether other Circuits have ruled that "for cause" removal is Constitutional (thus creating a split amongst the Circuits), a settlement with the Collins Plaintiffs seems like it would allow MC to stay in power until the issue is resolved in the Judicial Branch.
If elimination of the nws and modification/elimination of the SPSA are compatible with the goal of getting them out of government control, a settlement seems like a viable solution.
One problem though will likely be that Senators Warren, Warner, Brown, et. al, will jump all over this and it could possibly have a negative impact on control for the US Senate in the Georgia runoff election scheduled for January 5th.
So maybe they will settle, if at all, post January 5th, but SCOTUS would not enjoy being used as a "trial court", but given the current contentious deeply divided political situation, they may understand.
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