Separation of Powers

News & Analysis as of

The Second Circuit And The Separation Of Powers: Limiting Judicial Scrutiny Of SEC Settlements

On June 4, 2014, a three-judge panel of the Second Circuit Court of Appeals vacated a widely publicized 2011 decision by U.S. District Judge Jed Rakoff, which rejected a settlement between the U.S. Securities and Exchange...more

FTC Hit with Lawsuit by Target of its Fraudulent Patent Enforcement Investigation

On January 13, 2014, MPHJ Technology Investment LLC (MPHJ) filed a seven-count complaint against the Federal Trade Commission (FTC) alleging various constitutional and other violations, including violations of MPHJ’s First...more

D.C. federal court dismisses Morgan Drexen lawsuit against CFPB

A Washington, D.C. federal district court has dismissed the lawsuit filed by Morgan Drexen against the CFPB that alleged the Bureau’s structure was unconstitutional because it violated the Constitution’s separation of powers....more

In Split Decision, Sports Leagues Overcome New Jersey’s Attempt to Legalize Sports Wagering

Following oral argument in June 2013 (chronicled in the Goodwin Gaming Blog here), the Third Circuit has affirmed, 2-1, the district court’s ruling in National Collegiate Athletic Association, et al. v. Governor of New...more

A tale of two lawsuits: CFPB sues Morgan Drexen

Yesterday, the CFPB filed a lawsuit against Morgan Drexen, the company that on July 22 sued the CFPB claiming that the Bureau’s structure violates the Constitution’s separation of powers....more

New lawsuit challenging CFPB’s constitutionality filed

Constitutional challenges to the CFPB’s authority have not ended with Director Cordray’s confirmation last week as CFPB Director....more

California District Court Finds National Security Letter Statute Unconstitutional

Last week, in In re National Security Letter, the United States District Court for the Northern District of California found unconstitutional two sections of the federal law allowing the FBI to issue “National Security...more

Additional State AGs Join Challenge To Dodd-Frank Act Provisions

On February 13, the plaintiffs in a case challenging portions of the Dodd-Frank Act sought leave to file a second amended complaint to add as plaintiffs the state attorneys general (AGs) of Alabama, Georgia, Kansas, Montana,...more

Does ‘Speech or Debate’ Trump the Right to Defend Oneself in Court?

On February 5, 2013, the Bipartisan Legal Advisory Group of the U.S. House of Representatives filed a brief urging the U.S. Court of Appeals for the D.C. Circuit to hold that U.S. legislators and their aides cannot be forced...more

In What Branch Of Government Are State Agencies?

Article III, Section 3 of the California Constitution declares that the powers of state government are legislative, executive and judicial. Section 3 then explicitly provides that “Persons charged with the exercise of one...more

Doing Business in Canada: Government and Legal System

Canada is a prosperous society with a highly educated workforce, substantial natural resources, modern infrastructure, well-functioning public organizations and sound financial institutions. The country’s high standard of...more

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