News & Analysis as of

Article I Constitutional Challenges

Orrick, Herrington & Sutcliffe LLP

Congressman urges President Trump to rescind executive order on independent agencies

On February 26, Rep. Joseph D. Morelle (D-NY), the ranking member of the House Committee on House Administration, urged President Donald Trump to rescind his February 18 executive order expanding authority over independent...more

BCLP

Corporate Transparency Act: Ongoing Litigation Not Likely to Change End-of-Year Filing Dates

BCLP on

After the U.S. Congress enacted the federal Corporate Transparency Act (the “CTA”) on January 1, 2021, a wide range of plaintiffs immediately brought suit against the government challenging its constitutionality. Currently,...more

Goodwin

Supreme Court Upholds CFPB’s Funding Structure

Goodwin on

On May 16, 2024, the U.S. Supreme Court issued a significant opinion in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd., upholding the funding structure of the Consumer...more

Dorsey & Whitney LLP

The Supreme Court Update - May 16, 2024

Dorsey & Whitney LLP on

The Supreme Court of the United States issued three decisions today: CFPB v. Community Financial Services Association of America, Limited, No. 22-448: This case involves a constitutional challenge to the federal Consumer...more

Seyfarth Shaw LLP

The Supreme Court Will Determine When Federal Agencies Must Provide for the Right to a Jury Trial in Civil Enforcement Actions

Seyfarth Shaw LLP on

The United States Supreme Court recently granted Certiorari in a closely watched case that could have significant consequences for the Securities and Exchange Commission (SEC) and certain other federal administrative...more

Troutman Pepper Locke

132 Members of Congress File Amici Brief Urging Supreme Court to Find CFPB Funding Structure Unconstitutional

Troutman Pepper Locke on

As discussed here, on October 19, 2022, the Fifth Circuit Court of Appeals in Community Financial Services Association of America, Limited (CFSA) v. Consumer Financial Protection Bureau (CFPB) held that the CFPB’s funding...more

Holland & Knight LLP

U.S. Supreme Court Agrees to Hear Nondelegation Case

Holland & Knight LLP on

The U.S. Supreme Court on June 30, 2023, agreed to hear the case of SEC v. Jarkesy.1 The case is an appeal of a U.S. Court of Appeals for the Fifth Circuit decision that held that the U.S. Securities and Exchange Commission's...more

Carlton Fields

A Coming Seismic Shift in Administrative Law? Or Just a Tremor?

Carlton Fields on

Article I of the U.S. Constitution articulates the fundamental principles that “[a]ll legislative Powers … shall be vested in a Congress,” “[t]he executive Power shall be vested in a President,” and “[t]he judicial Power …...more

Woods Rogers

U.S. Virgin Islands Open Registry – Ultra Vires and Unconstitutional

Woods Rogers on

This month, the Governor of the U.S. Virgin Islands (“U.S.V.I.”), Albert Bryan Jr., signed an agreement with the Northeast Maritime Institute, a “Private Maritime College,” to establish the first open vessel registry in the...more

Patterson Belknap Webb & Tyler LLP

Blurred Immunity: California Cannot Escape Adversary Proceeding on Grounds of Sovereign Immunity

In 2018, the liquidating trustee for Venoco, LLC and its affiliated debtors (collectively, the “Debtors”) commenced an action in the United States Bankruptcy Court for the District of Delaware seeking monetary damages from...more

Ballard Spahr LLP

All American Check Cashing files supplemental en banc brief with Fifth Circuit

Ballard Spahr LLP on

In March 2020, the Fifth Circuit, on its own motion, entered an order vacating the panel’s ruling in All American Check Cashing that the CFPB’s structure was constitutional and granting rehearing en banc. On June 30, the...more

Seyfarth Shaw LLP

Retroactivity Provision in Washington State’s New Law Limiting Non-Competes May Face Court Challenges

Seyfarth Shaw LLP on

This is the third blog by our Trade Secrets , Computer Fraud & Non-Competes team dealing with Washington state’s House Bill 1450, which dramatically alters non-compete agreements within the state. This blog discusses...more

Bradley Arant Boult Cummings LLP

High Court May Finally Settle Partisan Gerrymandering Issue - Law360

On March 26, 2019, the United States Supreme Court heard oral arguments in two pivotal gerrymandering cases that could either finally open the door to political gerrymandering claims or reject the validity of such claims...more

Kelley Drye & Warren LLP

Square Peg / Round Hole – The Supreme Court and the Constitutional Authority of U.S. Bankruptcy Courts

The judicial power of the United States is vested in courts created under Article III of the Constitution. However, Congress created the current bankruptcy court system over 40 years ago pursuant to Article I of the...more

Dorsey & Whitney LLP

D.C. Circuit Upholds CFPB’s Constitutionality: Why the PHH Case Underscores the Importance of Internal Agency Discipline

Dorsey & Whitney LLP on

On January 31, the U.S. Court of Appeals for the D.C. Circuit issued a plurality opinion en banc that confirmed the constitutionality of the Consumer Financial Protection Bureau’s (“CFPB”) governance by a sole Director, while...more

15 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide