JH
Jed H. Shugerman
@jedshug.bsky.social
Prof @BU_Law JD/PhD History & dad jokes shugerblog.com
ssrn.com/author=625422
Book: The People’s Courts. Next: A Faithful President: The Founders v. the Originalists
1k followers314 following64 posts
13/ Kavanaugh asks 1 question about removal: "Isn't this problematic under Free Enterprise?" (I.e., isn't this a double-layer of protections against removal?) Govt says no, Free Enterprise focused on a particular board with special powers, and had footnote 10, setting aside the question of ALJs.
14/ If the Court finds a violation of the 7th A., then the presidential removal question is moot. Jarkesy would have had a right to avoid the ALJs altogether and get to Art III Court. The SEC & ALJ structure are moot in this case if Jarkesy should be able to choose federal court.
JH
Jed H. Shugerman
@jedshug.bsky.social
Prof @BU_Law JD/PhD History & dad jokes shugerblog.com
ssrn.com/author=625422
Book: The People’s Courts. Next: A Faithful President: The Founders v. the Originalists
1k followers314 following64 posts