The Right Coast

Editor: Thomas A. Smith
University of San Diego
School of Law

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Saturday, January 26, 2013

DC Circuit on Recess Appointment Power
Tom Smith

Here is a post from Volokh summarizing the opinion. But it fails to mention that our own Mike Rappaport was cited four times in the course of the opinon -- he seems to have been the go-to source on the original meaning of the clause. As one my colleagues said (more or less): "I guess originalism does make a difference!" (H/t CG) Congratulations to Mike on his scholarship and to the Court for picking it up. (I would link to the paper on SSRN but it doesn't seem to be there.)

http://rightcoast.typepad.com/rightcoast/2013/01/dc-circuit-on-recess-appointment-power-tom-smith.html

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