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Evan Bernick, a finite mode with a spooky floof
@evanbernick.bsky.social
Associate Prof at Northern Illinois University College of Law. Constitutional law, criminal law, abolition, philosophy, hoops, puppies (esp. Argo the Floof): He/him.
1.1k followers283 following2.8k posts
EBevanbernick.bsky.social

Lots to say about this but I’ll just observe that this decision is based on the idea that private parties suing to make government officials comply with the law *are themselves* “officers of the United States” subject to the Appointments Clause. Which should sound weird because it is.

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RBhurricanexyz.bsky.social

Oyyyyyyyyyyyyy

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TCtoastfloats.bsky.social

That feels very sovereign citizen adjacent

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EBevanbernick.bsky.social

Mizelle is a Thomas clerk, and this is Thomas’s view.

Thomas dissenting in US ex rel Polanski v Exec Health Resources: “The FCA's qui tam provisions have long inhabited something of a constitutional twilight zone. There are substantial arguments that the qui tam device is inconsistent with Article II and that private relators may not represent the interests of the United States in litigation.”
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CMcjmott.bsky.social

Particularly because the Supreme Court, in an opinion written by Justice Scalia in 2000, held that FCA relators are *assignees* of the government's right to sue, which is flatly inconsistent with this holding. Mizelle is acting like a recent Justice Thomas dissent overruled that opinion of the Court

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EB
Evan Bernick, a finite mode with a spooky floof
@evanbernick.bsky.social
Associate Prof at Northern Illinois University College of Law. Constitutional law, criminal law, abolition, philosophy, hoops, puppies (esp. Argo the Floof): He/him.
1.1k followers283 following2.8k posts