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Thursday, December 10, 2020 7:49:23 AM
JUSTICE GORSUCH: I -- I guess,
counsel, I'm -- I'm a little confused at this
declaratory judgment as to -- with respect to
future actions, it seems to me like it would be
appropriate for hanging on the wall but not much
else. The plaintiffs here have sought
declaratory judgment in aid of further remedies
retrospective -- retroactive remedies that might
actually do them some good, and -- and -- and
that's the Third Amendment.
And I guess I'm a little confused why
we wouldn't proceed to hold that the Third
Amendment was void from the beginning by virtue
of the Appointments Clause problem. It's pretty
much what we did in Lucia, as you'll recall,
where we vacated the -- the ALJ's decision. Why
wouldn't we do the same here?
his words, not mine: Source: Supreme court transcrip:
https://www.supremecourt.gov/oral_arguments/argument_transcripts/2020/19-422_o7jp.pdf
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