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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
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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.

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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.

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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