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Comments in Response to the Bureau of Consumer Financial Protection: Request for Information Regarding Bureau Guidance and Implementation Support
In the News
Re: Request for Information Regarding Bureau Guidance and Implementation Support, Docket No. CFPB-2018-0013 NCLA sincerely appreciates this opportunity to provide commentary on the Bureau’s past use of guidance and its invitation for suggestions as to how it can ensure that its future guidance adheres to law. Unfortunately, the Bureau’s past use of guidance has been…
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Washington Examiner: SEC Appointments Scandal, by Philip Hamburger
In the News
Written by Philip Hamburger The Securities and Exchange Commission enjoys its prestige because of its important task in regulating the securities markets, and because it is widely assumed that it acts fairly and lawfully in prosecuting and punishing insider traders. But that venerable reputation has come under fire in recent years, and the SEC now…
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Will the Ninth Circuit Gut a Landmark Civil Rights Case?
“Groucho Marx once resigned membership from the Friars Club quipping, “I don’t want to belong to any club that will accept me as a member.” Imagine Groucho’s dismay had the club been compelled to disclose his membership to the government! That is exactly what California’s attorney general is doing by requiring 501(c)(3) charities to divulge…
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Setting the Record Straight on Reining in Big Tech
In the News
Last weekend, we published an essay in the Wall Street Journal arguing that Big Tech services and platforms that function as conduits for the speech of others can constitutionally be subject to state civil-rights statutes barring viewpoint discrimination. One reason for this is that they are akin to common carriers. State antidiscrimination statutes would merely…
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Administrative Agency “Excursions” Are Not OK in Arizona
Adi Dynar
The Arizona Court of Appeals in late March decided an important case: Enterprise Life Insurance Company et al. v. ADOI. The decision helps Arizonans maintain control over their choice of health insurance. But the decision is also important because it marks a clean path to present nondelegation and separation-of-powers challenges under the Arizona Constitution.…
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Deference in a Pandemic
Jared McClain
As the nation’s struggle to contain COVID-19 continues into the latter half of 2020, Congress is considering a second major stimulus package to stem the flow of financial (and human) suffering across the sinking economy. The first stimulus package—the CARES Act—was worth nearly $2 trillion, the largest in American history. A major component of the…
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