Silver lining: they also shattered the case for their extreme unitary executive.
It had little historical foundation & no moral foundation, even if it may have 5 votes on SCOTUS.
Thanks for the shouts out, @imillhiser
vox.com/platform/amp/2…
I lay out 5 historical reasons why Scalia on unitary prosecution is wrong:
1) Private prosecution
2) Congress's role
3) Judiciary Act of 1789
4) Whiskey, Alien & Sedition, 1790s
5) Mixed state constitutions
ir.lawnet.fordham.edu/cgi/viewconten…