[connectthedots]

Me thinks that Justice knew they had to get past this judge on appeal. That's where I suspect they expect to win.

The change in the statutory language in 1994 is not helpful, but if the appellate court goes with the legislative intent argument, the DOJ will prevail on appeal. It might be a good idea for Congress to amend the legislation to reinsert the language.

[anniegetyourgun]

You're right - the little matter of interpreting a "term" in this way resulting in to perpetual appointments (by discharging and then reappointing for another "term") is what will ultimately cause this to go in favor of the administration. But Congress does need to clarify after all this has concluded. I won't hold my breath, but I'd like to see 'em eliminate the commission altogether.