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:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::

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    :: Monday, June 28, 2010 ::
    Free Enterprise Fund, slip op. at 25:
    The dissent here suggests that other such positions might exist, and complains that we do not resolve their status in this opinion. Post, at 23–31.
    By "such positions," the Court is referring to "other" independent agencies whose members are removable only by the (tenure-protected) heads of still-other independent agencies.

    I quote this sentence to ask whether the Court is aware that the phrase "resolve their status," at least according to Tim Powers's great genre-bending Cold War/"fantastorical" novel Declare, is spy-talk for "kill them"! E.g., spies who have completed their jobs sometimes vanish, for fear that, given how much they know, their superiors will decide to "resolve their status." If there are any agencies directly comparable to the PCOAB, I agree it would be better to "resolve their status." Come to that, I think the "status" of Humphrey's Executor should be "resolved."

    (Hat-tip here to Eve Tushnet for making sure that, reading-wise, I always eat my dessert, and not just my peas!)

    :: David M. Wagner 4:11 PM [+] ::

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