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BigBruce28

10/04/22 2:03 PM

#734180 RE: RickNagra #734179

We reverse the district court’s holding that shareholders’ Appointments Clause claim
poses a nonjusticiable political question. Addressing the merits of that claim, we hold that Acting Director DeMarco was not serving in violation of the Appointments Clause when he signed the third amendment, so dismissal of this claim was appropriate. We remand to the district court to determine whether the unconstitutional removal restriction inflicted harm on shareholders.