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The Dangers of Putting All Your Weight on the Separation of Powers Issue
I regard that position, which he just recently reiterated in another one of these cases, absolutely madness. And I think what we're about to see is a very twisted body of law dealing with the interaction between appointments power on the one hand and due process issues on the otherhand. The legal questions of separation of powers issue, the right to jury trial and so forth are not going back to first principle.