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TomSlick

(12,969 posts)
5. I prefer to think that a federal judge will fairly apply the law
Mon Nov 27, 2017, 10:22 PM
Nov 2017

until the opposite is proven by experience.

I haven't studied the issue but from what Sen. Warren said on Rachel, it doesn't sound close. Dodd-Frank specifies that the deputy director becomes the acting director. Trump is relying upon the Vacancies Act which (1) predates Dodd-Frank and is therefore superseded if the two acts are inconsistent and (2) the Vacancies Act allows for later laws (like Dodd-Frank) to specify a result other than that called for in the Vacancies Act. (There may be a good argument that the Vacancy Act is unconstitutional. See, Duke Law Journal. 50: 1511–1539.)

All of that to say, if the Judge rules for Trump, I'll have to do the research.

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