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Mnemonic

10/15/19 12:28 PM

#570278 RE: Barrario #570260

I never had any faith in Bhatti. An unconstitutional structure is remedied through an amendment to the for-cause removal provision, not through unwinding every decision made in the last 10 years. Even in Lucia v. SEC, it's believed that the ruling won't unwind their previous decisions:

"While this decision is expected to allow any entity with a pending case before an SEC ALJ to request a new ruling, the ruling was crafted as to prevent completed cases from being reopened"



Although you can make an argument that Bhatti's case is pending and they should get theirs unwound, the conservatorship is decades-long case made of thousands of decisions. You simply can't unwind the entire thing. Similarly, you can't pick and choose an instance 7 years ago and say "we didn't like that bit, change it." No court is going to rule that the entire conservatorship should be reversed, and no court is going to let you choose which portions get reversed, either. And they're ABSOLUTELY not going to do either of those when the other option is to fix the removal provision by changing a couple of words on paper.