December 20, 2019
A new U.S. Supreme Court is giving conservative legal groups the confidence to look beyond "Chevron deference" and attack the independence of agencies like the Federal Communications Commission and Federal Trade Commission as part of their broader war on the administrative state.
December 10, 2019
The Consumer Financial Protection Bureau has told the U.S. Supreme Court that the removal protection given to its director is unconstitutional and can be struck down without taking the rest of the agency along with it, arguing that this is the sort of fix Congress intended when it passed the Dodd-Frank Act.
December 09, 2019
The California law firm whose constitutional challenge to the Consumer Financial Protection Bureau is now before the U.S. Supreme Court kicked off its closely watched appeal on Monday by urging the justices to reject the agency's single-director structure as an unprecedented, unacceptable threat to liberty.
October 24, 2019
Kirkland & Ellis LLP partner Paul D. Clement, a titan of the U.S. Supreme Court bar and former solicitor general under President George W. Bush, has been tapped to defend the constitutionality of the Consumer Financial Protection Bureau's single-director structure at the high court, a position that the government itself will be arguing against.
October 23, 2019
The Consumer Financial Protection Bureau has much on the line as the U.S. Supreme Court takes up a case challenging the constitutionality of the agency's structure, but financial services attorneys said the worst-case scenario for the bureau is far from the most likely one.
October 18, 2019
The U.S. Supreme Court on Friday agreed to hear an appeal from a California law firm that argues the Consumer Financial Protection Bureau is unconstitutionally structured, positioning the justices to settle long-standing questions surrounding the legitimacy of the independent agency's single-director design.
October 10, 2019
A George Washington University Law School professor is making a last-minute push to discourage the U.S. Supreme Court from hearing a closely watched constitutional challenge to the Consumer Financial Protection Bureau, saying there are major jurisdictional problems in the case that neither the agency nor its challenger has pointed out.