Along with the “liberals” on the court, he just struck a blow against it. As Will says, it would be nice to see the conservative justices see the light. But I suspect many conservatives will rail against him, calling him a “liberal,” “soft on crime and illegal aliens.”
[Update a while later]
This seems related: The SEC’s administrative judge scandal. I’d love to see this sort of thing struck down as unconstitutional. Same with the IRS tax court.