One thing you can do is say: “UET is wrong, see long history of independent commissions going back to founding.”

Then you have to do the second thing: “that same history provides XXX limits that should make you juristocrats not sweat,”

He is not able to do the second thing. He sucks

I guess what I'm saying is launch challenge after challenge attacking every part of their fake argument that the Fed is special. It's mostly theater but that's all we've got at this point

alito, thomas, roberts, et all are partisan hacks in the same way that sean hannity is a partisan hack

they don't consider themselves bound by their own bullshit, there was never a divide between 'conservatives' & 'intuitionalists', just how you message the hackery

That's part of my point! There are *zero* votes up for grabs. So why not put up someone who will just do some straight talk?

Imo when they do this it needs to be a major legal project to bring down the Fed. Yes it'll destroy the country and possibly the world but we have to file lawsuit after lawsuit showing that the Fed cannot be carved out, just to make them hang by their decision

Eh, even if Sauer is butchering it, they'll invent their own logic to give Trump unconditional removal power without going too far, like they did by drawing a line around the Federal Reserve.

The political history of unitary executive theory is so clear. It's all legal realism all the way down.

Reveals the lie at the heart of MQD. MQD lets SCOTUS kill a thing by saying "well, see, this power properly belongs to Congress, they can revise it" on the covert assumption Congress /won't/ revise it. But here kav says it out loud that Congress won't do its job, and that's bad for accountability

also you know what else is dangerous to individual liberty? a totally unconstrained executive, which we're seeing right now thanks, in part, to kavanaugh's own actions as a justice!

Imo Congress can more or less do whatever they want, the executive is an empty vessel to be filled and constrained.