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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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16/ I think Alito laid out a majority opinion, narrowly limited to this statute on securities fraud: The fraud claim identified by the statute overlaps so closely with common law fraud that securities fraud triggers the 7th A. right to a jury trial. That's a sufficient basis & likely 5 or 6 votes.

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JHjedshug.bsky.social

17/ In reserved time, the govt lawyer touches on removal first to distinguish this case: Here, the SEC has plenary review of the ALJ, so the earlier question about whether the president can "supervise" are resolved here: The president has sufficient info to supervise the SEC for its review.

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Profile banner
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