InvestorsHub Logo
Followers 13
Posts 2235
Boards Moderated 1
Alias Born 04/06/2019

Re: kthomp19 post# 760184

Tuesday, 07/25/2023 1:26:58 PM

Tuesday, July 25, 2023 1:26:58 PM

Post# of 796497
Hi Kthomp - while SCOTUS overturned Collins it may have indicated that it would deem the SPS Void as a remedy for a Separation of Powers violation.

Here an excerpt from the Minority Opinion of Collins in 2019 regarding the voiding of the SPS

"In my view the proper remedy for a (removal separation of powers Constitutional violation) is to vacate the Third Amendment. I respectively dissent form the court's decision to instead grant a prospective remedy. "

Judge Willet joined by Jones, Smith, Elrod, Ho, Engelhardt, and Oldham.

Collins v McNuchin Case 17-20364 Date Filed 9/06/2019 Page 118

Since Collins in 2109 there has been another Trump Appointee - Judge Wilson add and one JB Appointee. Probably 8-8 to void and 9 to 7 if Judge Kyle Duncan reverses his vote on the remedy.

Good basis to assume that the 5th would vote 9-7 to void the SPS on the upcoming En Banc Opinion likely to be heard in September.