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Saturday, June 05, 2021 6:59:00 AM
The Severability Analysis is a little more messy. Remember Sotomayor asking David Thompson, "Why should YOU be entitled to anything just because the Director was unconstitutionally insulated?". Same kind of resistance we saw in the 5th En Banc.
Agreed. I don't think the structural argument matters a hill of beans to the Supremes in terms of them granting any relief. They'll rule the director may be fired at will, but so could the Acting Director who entered into the Third Amendment. IMO that whole avenue of approach is a big nothing burger.
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