Cannon based her decision largely around Justice Clarence Thomas’ recent concurrence that cast doubt on the legality of special counsel appointments. In his presidential immunity opinion, Thomas questioned whether the Attorney General Merrick Garland violated the U.S. Constitution’s Appointments Clause by appointing a special counsel to an office not created by law, writing that the Executive Branch “cannot create offices at his pleasure.”
If I understand correctly, this decision is a natural progression of the same logic as overturning Chevron. That the executive branch has grown beyond the permission of the constitution.
ReplyDeleteThe US has, on paper, the best government system but it's ruined in reality when each branch strays beyond its lane.
Delete