Posts filtered by tags: Seila Law[x]


 

Reports of the Reagan Era’s Death Are Greatly Exaggerated

For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Amanda Hollis-Brusky Taking Back the Constitution is an ambitious book that covers a wide swath of territory in its attempt to explain, critique and offer alternatives to the contemporary Supreme Court and its constitutional agenda. While it treads over fairly well-trodden territory in its critique of the Roberts Court, Originalism, and the conservative ...
Tags: Supreme Court, Congress, White House, Virginia, Court, America, Reagan, Cnn, Gop, Ronald Reagan, Hawaii, Pentagon, Christian, Princeton University Press, Fdr, George W Bush


Wednesday round-up

The movement to impose term limits on Supreme Court justices gained a bit of traction this week with an endorsement from a prominent think tank with deep ties to the Democratic establishment. In a new report, the Center for American Progress argues that term limits would depoliticize the judicial confirmation process and make justices more responsive to the public, and in a Tuesday webinar tied to the report, a panel of experts explained various term-limit proposals. In a story for SCOTUSblog, K...
Tags: Supreme Court, Law, Bloomberg, New York Times, Oklahoma, Round-up, U S District Court, Tulsa, Center for American Progress, Consumer Financial Protection Bureau, Richard Revesz, Revesz, Muskogee, Jack Healy, Carl Hulse, McGirt


“A scalpel rather than a bulldozer”: Severability is in the spotlight as the newest ACA challenge looms

Abbe R. Gluck is a professor of law and faculty director of the Solomon Center for Health Law and Policy at Yale Law School. What is the Supreme Court to do with the rest of a statute when it finds one provision unconstitutional? That is the question a long-out-of-the-limelight doctrine — the “severability doctrine” — tries to answer. Should the court hold only the one provision invalid and leave the rest of the statute intact? Should it invalidate provisions especially linked to the offending o...
Tags: Texas, Featured, Supreme Court, Law, Obama, Congress, California, House, House Of Representatives, Medicare, Department Of Justice, Doj, ACA, Alaska Airlines, Thomas, Brock


Tuesday round-up

The Supreme Court on Monday rejected a request by House Democrats to speed up the process for the lower courts to start re-evaluating the congressional efforts to obtain President Donald Trump’s financial records. Amy Howe reports for SCOTUSblog – in a story first published at Howe on the Court – that the high court’s decision is a minor victory for the president because it means more delays before the litigation continues in light of the July 9 ruling in Trump v. Mazars. As Pete Williams of NBC...
Tags: Supreme Court, Law, Congress, Senate, Court, Nbc News, Barack Obama, House, Manhattan, Oklahoma, Donald Trump, Wall Street Journal, Federal Trade Commission, Bell, Ftc, Trump


Double Trouble: Optimistic Originalism and Baude and Sachs (Part V)

This is the fifth and last post in my series discussing issues raised by my article “Optimistic Originalism.”  The article uses a historical lens to critically assess a recent trend in originalism which claims the theory is capable of handling a variety of problems posed by the modern jurisprudence of the Fourteenth Amendment, principally the equal protection clause.  In the process the article raises questions about how we should understand the scope of the achievement of those who sponsored a...
Tags: Congress, Mary Beard, Lincoln, States, Charles, Steven Spielberg, Branding, Sachs, Scott, Brown, Hart, Ackerman, Joint Committee, Baude, Scott Shapiro, Mark Graber


Wednesday round-up

Two big stories generated substantial news coverage of the Supreme Court on Tuesday: the hospitalization of Justice Ruth Bader Ginsburg, and the court’s 5-4 ruling allowing the federal government to begin reinstating the death penalty after a 17-year de facto moratorium on federal executions. In a story for SCOTUSblog that was first published at Howe on the Court, Amy Howe reports that Ginsburg was admitted Tuesday morning to the Johns Hopkins Hospital in Baltimore with a possible infection afte...
Tags: Texas, Nbc, Supreme Court, Law, Washington Post, Washington, Cnn, Pennsylvania, New York Times, Dallas, Department Of Justice, Ruth Bader Ginsburg, Baltimore, Wall Street Journal, Round-up, Fallon


Symposium: A resounding rejection of Trump’s authoritarian approach to the presidency

Jamila Benkato and Ben Berwick are counsels, and Justin Florence is legal director, at Protect Democracy. They filed an amicus brief on behalf of former Republican members of Congress, former executive branch members under Republican administrations, and legal experts in support of the respondent in Trump v. Vance. There has been much focus in the immediate commentary on whether the decisions in Trump v. Vance and Trump v. Mazars are a “ ” or “loss” for President Donald Trump. Experts are alread...
Tags: New York, Featured, Supreme Court, Law, Congress, Court, United States, Department Of Justice, Republican, Donald Trump, Doj, Justice Department, Jones, Clinton, Trump, Thomas Jefferson


United States: Supreme Court Saves CFPB, But Subjects Its Director To Removal At The Will Of The President - Holland & Knight

The U.S. Supreme Court on June 29, 2020, issued its decision in Seila Law v. CFPB, a case in which the petitioner challenged the constitutionality of the Consumer Financial Protection Bureau (CFPB).
Tags: News, Supreme Court, United States, Holland, U S Supreme Court, CFPB, Consumer Financial Protection Bureau, Seila Law


Wednesday round-up

For The Washington Post (subscription required), Robert Barnes reports that “Chief Justice John G. Roberts Jr. suffered a fall at a Maryland country club last month that required an overnight stay in the hospital, a Supreme Court spokeswoman confirmed Tuesday night.” Adam Liptak reports tor The New York Times that “[t]he chief justice has twice had seizures, in 1993 and 2007, but [the spokeswoman’s] statement said his latest fall had not been caused by one.” At CNN, Ariane de Vogue and Paul LeBl...
Tags: Maryland, Supreme Court, Law, Washington Post, Montana, Court, Bloomberg, Ap, United States, New York Times, Keystone Xl, Marcus, Round-up, Robert Barnes, Roberts, Greenwire


Tuesday round-up

Yesterday the court decided unanimously in Chiafalo v. Washington and Colorado Department of State v. Baca that state laws that penalize or remove presidential electors who do not vote for candidate they pledged to support do not violate the Constitution. Amy Howe has this blog’s opinion analysis, which first appeared at Howe on the Court. Nina Totenberg reports at NPR that the decision “is so strong that it would seem to allow states to remove faithless electors even without a state law.” At Fo...
Tags: Supreme Court, Law, Congress, Washington, Court, Bloomberg, Npr, Round-up, Roberts, Howe, Jess Bravin, Greg Stohr, Nina Totenberg, Adam Feldman, CFPB, Brent Kendall


Monday round-up

Today the Supreme Court will issue decisions in July for the first time since 1996, after the coronavirus pandemic forced the postponement of oral arguments in 10 cases. Greg Stohr reports at Bloomberg that “[t]he U.S. Supreme Court is poised to cap a term like no other with potentially blockbuster decisions covering birth control, religious rights and President Donald Trump’s efforts to keep his financial records private.” At The Hill, Harper Neidig and John Kruzel highlight “the five most-anti...
Tags: Supreme Court, Law, Montana, Bloomberg, Chicago, Louisiana, Illinois, Donald Trump, Forest Service, Round-up, Reuters, U S Supreme Court, U S Forest Service, Roberts, Jess Bravin, Greg Stohr


Wednesday round-up

Yesterday the court issued two opinions, whittling its remaining cases down to eight. In Espinoza v. Montana Department of Revenue, the court held 5-4 that Montana’s exclusion of religious schools from a state-funded scholarship program for private schools violates the First Amendment. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. Mariam Marshedi has an analysis at Subscript Law. At NPR, Nina Totenberg and Brian Naylor report that “[t]he court’s...
Tags: Texas, Supreme Court, Law, Montana, Bloomberg, New York Times, Fox News, Npr, Louisiana, Wall Street Journal, Trump, Round-up, National Review, John `` Roberts, The Supreme Court, Roberts


Opinion analysis: Court strikes down restrictions on removal of CFPB director but leaves bureau in place

In response to the 2008 financial crisis, Congress created the Consumer Financial Protection Bureau, a federal agency with approximately 1,500 employees that tackles everything from payday loans to financial literacy programs and helping consumers navigate the COVID-19 pandemic. The director of the CFPB, Kathy Kraninger, was appointed by President Donald Trump and confirmed by the Senate in December 2018 to serve a five-year term. Under the law that created the CFPB, Kraninger can be removed fro...
Tags: Featured, Supreme Court, Law, Congress, California, Senate, United States, Social Security Administration, Donald Trump, Paul Clement, Federal Trade Commission, Securities And Exchange Commission, Thomas, Sonia Sotomayor, John Roberts, 9th Circuit


Live blog of orders and opinions (Update: Completed)

We live-blogged on Monday, June 29, as the court released orders form the June 25 conference and opinions in Seila Law v. Consumer Financial Protection Bureau, June Medical Services v. Russo and United States Agency for International Development v. Alliance for Open Society International. SCOTUSblog is sponsored by Casetext: making litigation more efficient with A.I. and machine learning technology. The post Live blog of orders and opinions (Update: Completed) appeared first on SCOTUSblog. ...
Tags: Law, Live, Russo, United States Agency for International Development, Seila Law, Alliance for Open Society International


Monday round-up

Kristina McKibben analyzes last Thursday’s decision in Department of Homeland Security v. Regents of the University of California, in which the court held that the government’s decision to terminate the DACA program, which allowed undocumented young people brought to this country as children to apply for protection from deportation, violated the procedural requirements prescribed for administrative agencies, at Subscript Law. In an op-ed for The New York Times, Linda Greenhouse observes that “[t...
Tags: Supreme Court, Law, New York City, Court, Atlantic, House, New York Times, Fox News, Npr, Kevin Johnson, Department Of Homeland Security, University Of California, Trump, Round-up, National Review, Stephens


Empirical SCOTUS: Changes in Supreme Court oral argument format: The good, the bad and the ugly

Editor’s note: This is the first in a three-post series analyzing the Supreme Court’s telephonic oral arguments with live audio instituted due to the COVID-19 pandemic. The first week of the Supreme Court’s telephonic oral arguments provided meaningful data points to compare old-style oral arguments with the new framework. These new arguments were not without mishaps, as justices and attorneys attempted to navigate this unfamiliar terrain. Using Supreme Court transcript data and audio recordings...
Tags: Featured, Supreme Court, Law, Pennsylvania, Department Of Homeland Security, Ruth Bader Ginsburg, Ross, Thomas, Peter, Sonia Sotomayor, Stewart, John Roberts, Blatt, Roberts, Liu, Ginsburg


Monday round-up

This morning the Supreme Court will kick off a two-week session of oral arguments that will change its traditional practice in unprecedented ways: It will hear the arguments by telephone and it will provide live audio of the proceedings to the public. First up is U.S. Patent and Trademark Office v. Booking.com, which asks whether the addition of “.com” to a generic term creates a protectable trademark. Jessica Litman previewed the case for this blog. Soo Min Ko has a preview for Cornell Law Scho...
Tags: Supreme Court, Law, Congress, Court, Pennsylvania, New York Times, Donald Trump, Abc News, Department Of Homeland Security, University Of California, Trump, Round-up, Fed, Peter, U S Supreme Court, The Supreme Court


The Supreme Court Could Cripple America’s Pandemic-Fighting Capacity, Part II

Simon Lazarus Yesterday on Balkinization I introduced this two-part essay, and discussed how a likely resolution of the pending Supreme Court case, Seila Law v. CFPB could threaten the Fed’s independence of White House control.   Portentous for the Fed’s independence as is the pending CFPB controversy, two other recent cases intimate a far broader threat to the Fed’s essential role in managing crises like our current state.   In these cases, conservative justices, led by Tru...
Tags: Supreme Court, Congress, Washington, White House, Court, Joe Biden, United States, Jimmy Carter, Treasury, Epa, Donald Trump, Executive Branch, Cnbc, Branding, Guest Blogger, Trump


The Supreme Court Could Cripple America’s Pandemic-Fighting Capacity, Part I

  Simon Lazarus The biggest impediment to the nation’s capacity to tame the coronavirus pandemic, may not be President Trump’s distaste for mounting a national strategy requisite for limiting its health and economic devastation.   More damaging than Trump could be the Supreme Court – plausibly, regarding the current crisis, and far more menacing for efforts to curb future iterations or new cataclysms. In particular, Trump’s two appointees, Associate Justices Neil Gorsuch and Brett Kav...
Tags: Supreme Court, Congress, Washington, White House, Court, Jimmy Carter, Paul Clement, Federal Trade Commission, Branding, Ftc, Guest Blogger, Trump, Bureau, Fed, Powell, D C Circuit


Monday round-up

On what would have been the first day of oral argument in the March session, court-watchers are focused instead on how the Supreme Court is adapting to the current public-health emergency. Steven Mazie reports at The Economist’s Espresso blog that “[w]ith no date set for hearings to resume and the pandemic worsening, the term’s final nine engagements—still on the calendar for late April—are also in question.” Kenneth Jost observes at Jost on Justice that “[o]ther federal appellate courts have co...
Tags: Supreme Court, Law, Court, Georgia, ACS, Louisiana, Economist, Round-up, Kenneth Jost, Steven Mazie, Consumer Financial Protection Bureau, Heritage Foundation, Warden, Russo, Tenth Circuit, BACA


United States: Supreme Court Wrestles With Constitutional Challenge To The CFPB - Holland & Knight

The U.S. Supreme Court heard argument on March 3, 2020, in Seila Law v. CFPB.
Tags: News, Supreme Court, United States, Holland, U S Supreme Court, Seila Law


Supreme Court Justices Appear Divided Over CFPB Director Structure

The nine Justices of the United States Supreme Court appeared divided during oral arguments in the case Seila Law v. CFPB last week, where the core issue revolves around the constitutionality of the single director structure of the Consumer Financial Protection Bureau (CFPB). This is according to the account of reporter Amy Howe, writing for SCOTUSblog. “[B]oth a California law firm under investigation by the CFPB and the CFPB itself told the Supreme Court that these restrictions on the remov...
Tags: Supreme Court, California, Finance, Court, Social Security Administration, Ruth Bader Ginsburg, John Roberts, Roberts, Howe, Ginsburg, CFPB, Sotomayor, Consumer Financial Protection Bureau, Seila, Shanmugam, Amy Howe


Tuesday round-up

Yesterday the court released orders from Friday’s conference, adding one case to its merits docket for next term, Jones v. Mississippi, which asks whether the Constitution requires a sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentence of life without parole. Amy Howe covers the order list for this blog, in a post that first appeared at Howe on the Court. For The New York Times, Adam Liptak reports that “[t]he case, involving a teenager wh...
Tags: Google, Mississippi, Supreme Court, Law, Congress, Senate, Pennsylvania, Yale, New York Times, Louisiana, Oracle, Jones, Trump, Round-up, Howe, Adam Liptak


Thursday round-up

Yesterday the Supreme Court heard argument in one of this term’s major cases, June Medical Services v. Russo, which involves a challenge to a Louisiana law requiring physicians who perform abortions to have admitting privileges at a nearby hospital. Amy Howe analyzes the argument for this blog, in a post that first appeared at Howe on the Court. Mark Walsh has a “view” of the argument from the courtroom for this blog. For The Washington Post (subscription required), Robert Barnes and Ann Marimow...
Tags: Texas, Supreme Court, Law, Washington Post, Senate, Court, Cnn, New York Times, Kansas, SEC, Fox News, Npr, Louisiana, Vox, Department Of Homeland Security, Wall Street Journal


Wednesday round-up

This morning the justices wrap up the February session with an oral argument in one of the marquee cases of the term, June Medical Services v. Russo, which involves a challenge to a Louisiana’s law requiring physicians who perform abortions to have admitting privileges at a local hospital. Amy Howe previewed the case for this blog, in a post that first appeared at Howe on the Court. Eric Cummings and Andrew Kingsbury have a preview at Cornell Law School’s Legal Information Institute. At Subscrip...
Tags: Supreme Court, Law, California, Washington Post, Court, Cnn, Liberty, New York Times, Kansas, SEC, Fox News, Npr, Louisiana, Ruth Bader Ginsburg, Chevron, Wall Street Journal


A “view” from the courtroom: “Violent agreement” and some disagreement

Every oral argument sitting of October Term 2019 has had one potential blockbuster case, whether involving gay and transgender rights in October, DACA recipients in November, the Second Amendment in December, and religious rights in January, with the forthcoming March and April sittings having their own candidates. For the two-week February sitting, which has trickled into the first week of March, most people would pick Wednesday’s abortion case, June Medical Services LLC v. Russo, as the blockb...
Tags: Featured, Supreme Court, Law, Congress, California, Cdc, Senate, White House, Massachusetts, Elizabeth Warren, Barack Obama, Harvard, United States, Connecticut, House Of Representatives, Warren


Argument analysis: Justices divided in challenge to CFPB structure

The Consumer Financial Protection Bureau is headed by a single director, who is appointed by the president and confirmed by the Senate to serve a five-year term. Once that director is in office, she can only be removed by the president for “inefficiency, neglect of duty, or malfeasance in office.” This morning both a California law firm under investigation by the CFPB and the CFPB itself told the Supreme Court that these restrictions on the removal of the bureau’s director are unconstitutional. ...
Tags: Featured, Supreme Court, Law, Congress, California, Senate, United States, House, Social Security Administration, Ruth Bader Ginsburg, Francisco, Paul Clement, Federal Trade Commission, John Roberts, SSA, 9th Circuit


Tuesday round-up

This morning the justices have two oral arguments on their agenda. The first is in Seila Law v. Consumer Financial Protection Bureau, a high-profile constitutional challenge to the structure of the CFPB. Amy Howe previewed the case for this blog, in a post that first appeared at Howe on the Court. Gabrielle Kanter and Joseph Grosser have a preview for Cornell Law School’s Legal Information Institute. At Subscript Law, Michael Hollingsworth provides a graphic explainer. Nina Totenberg reports at ...
Tags: Google, Supreme Court, Law, Congress, California, Washington Post, Washington, Politico, Court, Cnn, New York Times, House Of Representatives, SEC, Fox News, Npr, Las Vegas


Monday round-up

Today the justices will begin the second week of the February session with oral arguments in two cases that involve immigrants’ ability to obtain judicial review of deportation decisions. First up is Nasrallah v. Barr, which asks whether courts of appeals have the authority to review factual findings underlying decisions denying deferral of removal. Jennifer Chacon previewed the case for this blog. Lachanda Reid and Gabriela Markolovic have a preview for Cornell Law School’s Legal Information In...
Tags: Supreme Court, Law, Obama, Congress, Washington Post, New York City, Court, Cnn, Pennsylvania, United States, Louisiana, Donald Trump, Department Of Homeland Security, Ruth Bader Ginsburg, Patterson, Cornell


Former CFPB Director Cordray Reveals Near Firing by Trump

Just as the United States Supreme Court prepares to hear oral arguments on the constitutionality of the Consumer Financial Protection Bureau (CFPB)’s single director structure, the Bureau’s inaugural director reveals that he believed he was nearly fired by President Donald Trump in a phone call which ended abruptly. This is according to a story in National Mortgage News, based on information Cordray reveals in his new book. In “Watchdog: How Protecting Consumers Can Save Our Families, Our Eco...
Tags: Supreme Court, Obama, Obama Administration, Finance, White House, Department Of Justice, Republican, Donald Trump, Dodd Frank, John Kelly, Trump, Bureau, CFPB, United States Supreme Court, Consumer Financial Protection Bureau CFPB, Trump Administration