Flynn’s lawyers have made the Twitter argument about Scalia’s dissent in Morrison:
“The Supreme Court approved the constitutionality of the Act in an almost unanimous opinion, but Justice Antonin Scalia’s lone dissent on the separation of powers won the day in the long run.” https://twitter.com/theglipper/status/1260385515163070470
It never ceases to amaze me that some people think Congress’s decision not to renew the Independent Counsel Act somehow overruled an 7-1 Supreme Court decision—-and then (without irony) loudly proclaim that bizarre theory as proof that they value the separation of powers!
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