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Re: The Man With No Name post# 684283

Monday, 06/21/2021 10:50:09 PM

Monday, June 21, 2021 10:50:09 PM

Post# of 793211
I assume you mean vacate and remand to lower courts to determine remedy.

Per Seila,

12 JUSTICE THOMAS believes that any ratification is irrelevant. In his view, even if the issuance of the demand and initiation of this suit have been validly ratified, Director Kraninger’s activities in litigating the case—after inheriting it from an Acting Director, but before becoming removable at will herself in light of our decision—present a distinct con- stitutional injury requiring immediate dismissal. See post, at 17–19 (opinion concurring in part and dissenting in part). But whether and when the temporary involvement of an unconstitutionally insulated of- ficer in an otherwise valid prosecution requires dismissal falls outside the questions presented, has not been fully briefed, and is best resolved by the lower courts in the first instance.

The bolded above is the majority’s opinion. Points to vacate and remand on the APA claims at minimum.

Per the red bolded item, was the NWS a valid action by the director?