Judge David Sentelle wrote in his ruling that "disgorgement is not an available remedy" under the legislation.
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"Allowing the president to define the scope of his own appointment power would eviscerate the Constitution's separation of powers, " Chief Judge David Sentelle wrote in the 46-page ruling.
Sentelle's opinion was joined by Judge Thomas Griffith, appointed to the court by President George W. Bush, and Karen LeCraft Henderson, who was appointed by President George H.