Three observations are pertinent here:
- The finding that Halligan was improperly appointed doesn’t have the same emotional appeal as a finding that the prosecutions were vindictive. The practical impacts, however, may well be greater, as these appointment issues are popping up all over the country.
- The opinion contains lots of citations to writings from Scalia, Thomas, and Alito. You can view this as irony or an attempt to prevent SCOTUS from getting involved.
- Trump, Bondi, and the DOJ should be embarrassed. Will they be? Probably not.