Today the Supreme Court hears a case that challenges the constitutional foundations of the federal Consumer Financial Protection Bureau (CFPB). In Seila Law LLC v. Consumer Financial Protection Bureau, the Court must first decide whether the Congress violated the separation of powers principle when it created the agency. If the Justices hold the CFPB’s leadership … Continue reading A Constitutional Challenge to the Consumer Financial Protection Bureau
The Supreme Court began the new year with oral arguments on Monday January 7, 2019. Justice Ginsburg did not join the bench, however, following surgery for cancerous nodules on her lung — the first time she has ever missed oral argument despite a series of health issues over the years. There has been much reporting … Continue reading Oral Argument: Preemption and Mortgage Foreclosures
On December, the Court heard argument in Dawson v. Steager, which implicates a nearly-200-year-old case: McCulloch v. Maryland, as tax professor Daniel Hemel explains at SCOTUSblog.. In McCulloch, the Court, led by Chief Justice John Marshall, held that the state of Maryland could not tax the Bank of United States, at least as long as … Continue reading Oral Argument: State Tax of Federal Pensions & Securities Fraud
The oral argument in Apple, Inc. v. Pepper, included analogies of cell phone apps to fruits and vegetables. The case presents the question of whether consumers may sue Apple for antitrust damages for the prices they pay for apps. Those prices are set by third parties — the app developers — but the consumers allege … Continue reading Oral Argument in Apple v. Pepper: An Antitrust Challenge to the App Store
By Harold J. Krent, Dean and Professor of Law, IIT Chicago-Kent College of Law in Chicago. This post is an abridged version of an article first published at Law360. Challenges to appointment of U.S. Securities and Exchange Commission administrative law judges (ALJs) have spread across the country. Private parties that have lost on the merits before the … Continue reading Will The Supreme Court Review SEC’s In-House Judges?
Attorney Debbie Davidson (Morgan, Lewis & Blockius LLP) gives a detailed explanation of the recent Supreme Court case Fifth Third Bancorp v. Dudenhoeffer. The case, which was decided on June 25, 2014, affects employee retirement plan stock options.