News & Analysis as of

Constitutional Challenges Supreme Court of the United States Executive Authority

Fisher Phillips

SCOTUS Chief Justice Upholds Trump’s Ouster of NLRB Member Wilcox – For Now: What Employers Need to Know About Next Steps

Fisher Phillips on

Chief Justice John Roberts just ensured that President Trump’s unprecedented termination of Democrat NLRB member Gwynne Wilcox will stand for now – and it appears the battle could be heading to a final conclusion in the...more

Carlton Fields

Executive Order Making “So-Called Independent Agencies” Directly Responsive to the President Is Another Nail in the Coffin of the...

Carlton Fields on

On February 18, 2025, the Trump administration issued its most straightforward attack on the discretion of what it described as “so-called independent agencies.” Executive order 14215, titled “Ensuring Accountability for All...more

Cadwalader, Wickersham & Taft LLP

Seila Law LLC v. Consumer Financial Protection Bureau: Has the Supreme Court Tamed or Empowered the CFPB?

On June 29, the Supreme Court issued its long-awaited opinion in Seila Law LLC v. Consumer Financial Protection Bureau, finally resolving the question that has dogged the new agency since its inception:  Is the leadership...more

Ballard Spahr LLP

U.S. Supreme Court Seila Law Decision Throws Past CFPB Actions Into Question

Ballard Spahr LLP on

Last Monday, in Seila Law v. CFPB, the U.S. Supreme Court held that the structure of the CFPB, with a single-director who the President could not remove without cause, violates the separation of powers mandated by the U.S....more

Holland & Knight LLP

Supreme Court Wrestles with Constitutional Challenge to the CFPB

Holland & Knight LLP on

The U.S. Supreme Court heard argument on March 3, 2020, in Seila Law v. CFPB. The case involves a constitutional challenge to the structure of the Consumer Financial Protection Bureau (CFPB) by a California law firm under...more

Goodwin

No Clear Consensus in Supreme Court Challenge to the Structure of the CFPB

Goodwin on

On March 3, the Supreme Court heard argument in Seila Law LLC v. Consumer Financial Protection Bureau, a case involving two questions about the structure of the CFPB: (1) whether the provision of the Dodd-Frank Wall Street...more

Ballard Spahr LLP

SCOTUS hears oral argument in Seila Law

Ballard Spahr LLP on

The U.S. Supreme Court heard oral argument yesterday morning in Seila Law.  The two questions before the Court are whether the provision in Title X of the Dodd-Frank Act that only allows the President to remove the CFPB...more

Ballard Spahr LLP

SCOTUS enters order dividing and enlarging time for oral argument in Seila Law

Ballard Spahr LLP on

The U.S. Supreme Court entered an order last Friday that divides and enlarges the time for oral argument in Seila Law, which is scheduled for March 3. ...more

Ballard Spahr LLP

More amicus briefs filed in Seila Law

Ballard Spahr LLP on

Amicus briefs have been filed in the U.S. Supreme Court in support of Paul Clement, who was appointed amicus curiae by the Court to defend the Ninth Circuit’s ruling in Seila Law that the CFPB’s structure is constitutional. ...more

Ballard Spahr LLP

Seila Law files motion with SCOTUS to enlarge and divide oral argument time

Ballard Spahr LLP on

Seila Law has filed a motion with the U.S. Supreme Court requesting an enlargement of the time allocated for oral argument (scheduled for March 3) and a division of the time to accommodate “the unusual circumstances for oral...more

Ballard Spahr LLP

Clement files brief in Seila Law defending CFPB’s constitutionality

Ballard Spahr LLP on

Paul Clement, who was appointed amicus curiae by the U.S. Supreme Court to defend the Ninth Circuit’s ruling in Seila Law that the CFPB’s structure is constitutional, filed a brief with the Supreme Court this week in support...more

Ballard Spahr LLP

Director Kraninger rejects constitutionality challenge as basis for setting aside CID

Ballard Spahr LLP on

CFPB Director Kraninger has rejected the argument made by Equitable Acceptance Corp (EAC) that because the Bureau’s structure is unconstitutional, the civil investigative demand it received from the Bureau should be set aside...more

Ballard Spahr LLP

Amicus briefs filed in Seila Law

Ballard Spahr LLP on

The first round of amicus briefs have been filed with the U.S. Supreme Court in Seila Law.  All of the amici that take a position on the Bureau’s constitutionality agree with the position taken by both Seila Law and the CFPB...more

Ballard Spahr LLP

Seila Law and CFPB file briefs in U.S. Supreme Court

Ballard Spahr LLP on

Seila Law and the CFPB filed their briefs yesterday in the U.S. Supreme Court.  Both briefs address the question presented in Seila Law’s certiorari petition, which is whether the CFPB’s...more

Ballard Spahr LLP

SCOTUS sets March 3 oral argument in Seila Law

Ballard Spahr LLP on

The U.S. Supreme Court has scheduled oral argument in Seila Law on March 3, 2020. The question presented in Seila Law’s petition is whether the CFPB’s single-director-removable-only-for-cause structure violates the...more

Harris Beach Murtha PLLC

Analysis: Supreme Court Decision on Trump’s Travel Ban

On June 26, 2018, the Supreme Court of the United States held, in Trump v. Hawaii, 585 U.S. ___ (2018), that President Trump’s September 2017 Proclamation announcing the travel ban was a lawful exercise of his executive...more

16 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