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To: Revel

What standing does a plaintiff in a lawsuit have to claim that the person who runs the defendant entity wasn’t properly appointed?

None.


17 posted on 11/13/2018 2:49:35 AM PST by dan on the right
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To: dan on the right
See Post #16. In a case where the "defendant entity" is responsible for overseeing a legal process involving the plaintiff, the plaintiff probably has all the standing they need.

In the NLRB case I cited, the "defendant" in that case was functioning the same way as the plaintiff in the Maryland case -- by challenging the authority of the NLRB chief counsel to take disciplinary action against SW General, Inc. over alleged labor law violations.

SW General, Inc. won the case.

Interestingly, it was a 7-2 decision. Even Breyer and Kagan agreed that Obama was completely out of line in appointing the NLRB's chief counsel without Senate approval.

18 posted on 11/13/2018 3:00:46 AM PST by Alberta's Child ("The Russians escaped while we weren't watching them ... like Russians will.")
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