Tag Archives: Constitutionality

Siegel on the Constitutionality of Chevron Deference

Jonathan R. Siegel (George Washington University Law School) has posted The Constitutional Case for Chevron Deference (Vanderbilt Law Review, Forthcoming) on SSRN.  Here is the abstract: Prominent figures in the legal world have recently attacked the doctrine of Chevron deference, suggesting that … Continue reading

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CFPB’s Constitutionality Affirmed in En Banc DC Circuit Ruling

Sitting en banc, the U.S. Court of Appeals for the DC Circuit ruled that the Consumer Financial Protection Bureau’s (CFPB) structure is constitutional. By a vote of 7 to 3, the full panel of judges reversed an earlier panel decision that took … Continue reading

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[Jonathan H. Adler] En Banc D.C. Circuit Upholds Constitutionality of CFPB

This afternoon, the U.S. Court of Appeals for the D.C. Circuit rejected a constitutional challenge to the structure of the Consumer Financial Protection Bureau (CFPB). Sitting en banc, the court concluded that limiting the President's ability to remove the CFPB's … Continue reading

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U.S. Supreme Court Agrees to Take Up Challenge to Constitutionality of SEC ALJs’ Appointment

In prior posts (most recently here), I have noted the U.S. Supreme Court’s recent predilection for taking up cases arising under the securities laws or otherwise involving securities lawsuits. On January 12, 2018, the Court reinforced this impression again by … Continue reading

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The Supreme Court Ponders the Constitutionality of Administrative Cancellation of Patents, But Probably Not for Long

In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, Docket No. 16-712, 137 S. Ct. 2239 (June 12, 2017), the Supreme Court will rule on whether the recently-established administrative review process for challenging and invalidating issued patents, known … Continue reading

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