Josh Blackman | 11.13.2024 4:47 PM

Ed Whelan writes that President Trump may adjourn Congress as a means to instantly confirm his entire cabinet without any confirmation hearings. In an earlier post, Ed writes that this approach may risk the Court overruling Justice Breyer's Noel Canning majority opinion, and adopting Justice Scalia's concurrence.

I maintain that Justice Scalia's opinion is correct on originalist grounds, as I noted in my earlier post. And I would be happy to see Justice Breyer's majority opinion repudiated. But even so, is this potential plan inconsistent with Justice Scalia's concurrence?

Under Scalia's opinion, the........

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