Opinion

Out of the Separation-of-Powers Frying Pan and Into the Nondelegation Fire: How the Court’s Decision in Seila Law Makes CFPB’s Unlawful Structure Even Worse

Out of the Separation-of-Powers Frying Pan and Into the Nondelegation Fire: How the Court’s Decision in Seila Law Makes CFPB’s Unlawful Structure Even Worse

The U.S. Supreme Court’s June 29, 2020 decision in Seila Law LLC v. Consumer Financial Protection Bureau fixed a glaring constitutional defect in the way Congress structured the Consumer Financial Protection Bureau (CFPB or Bureau). “[D]eviat[ing] from the structure...

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When The Wolf At The Door Is Your Governor

When The Wolf At The Door Is Your Governor

The novel coronavirus pandemic has many Americans struggling to keep the wolf from the door of their homes and businesses. For Pennsylvanians, the threat has become all the more menacing, because the wolf at their doors is the governor—and the state supreme court just...

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Baker usurping the role of Legislature

Baker usurping the role of Legislature

The Governor's Executive Order shutting down “non-essential” businesses and organizations has been in place since March 24. While Gov. Charlie Baker has modified the order and eased some of his restrictions, that doesn’t legitimize them. His orders are not laws passed...

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How My Joke on Twitter Became a Federal Case

How My Joke on Twitter Became a Federal Case

I’m under federal investigation for making a joke on Twitter. In June 2019, employees at the left-liberal Vox Media Inc. walked off the job demanding a new collective bargaining agreement. As the publisher of a conservative website, the Federalist, I found the clash...

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Brand X deference advances ‘administrative absolutism’

The Worst Doctrine Few Have Heard of: Brand X

Federal administrators must love Darth Vader's iconic --and ominous-- line, "I'm altering the deal. Pray I don't alter it any further." That's because the Brand X deference doctrine lets them. Deference doctrines require judges to abdicate their duty of independent...

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