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
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.
Oyyyyyyyyyyyyy
That feels very sovereign citizen adjacent
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
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