Thread by @MarkPaoletta

1/This is a significant development. Who has been leading the charge on this for years? Correct - Justice Clarence Thomas. A federal appeals court rules that the Securities and Exchange Commission can’t act like prosecutor, judge and jury. wsj.com/articles/const… via @WSJOpinion

Here is great article from 2015 by one of very best Supreme Court practitioners, Charles Cooper, on string of Thomas opinions in 2014-2015 term attacking the constitutional foundations of the administrative state.
nationalaffairs.com/publications/d…

3/ “Justice Thomas's four separation-of-powers opinions this past term compellingly demonstrate the extent to which we no longer have a three-branch federal government.”

4/“Only Justice Thomas has consistently questioned the constitutionality of the modern administrative state, and, as noted earlier, he expressed his doubts anew in four powerful concurring opinions this past term.”

"But Justice Thomas's views do not command a majority of the Court — or anywhere close to a majority. And it is highly unlikely, unfortunately, that the Court will ever be composed of five originalists like Thomas."

Well, well, what a difference a few years, and President Trump, make - With this newly constituted Supreme Court, Justice Thomas’s views on the constitutional problems with the administrative state stand a good chance of becoming reality.