Deborah Malamud presents a timely series on the Roberts Court, judicial interpretation, and the future of the administrative state.
Tag: separation of powers
Timothy G. Duncheon & Richard L. Revesz explain Seila Law as an example of ex post regulation of separation of powers. But ex post regulation may bring unexpected ex ante effects.
In remedying CFPB's separation-of-powers violation, Markham S. Chenoweth and Michael P. DeGrandis contend, the Seila Law Court worsened the constitutional defects in CFPB's funding structure.
Seila Law involved a constitutional puzzle with a straightforward answer. According to Jerry Mashaw, the Court overlooked the missing piece.
Jonathan Adler argues that Seila Law, like many cases this past term, exemplifies the Roberts Court's conservative minimalism.
Lisa Schultz Bressman argues that Seila Law reveals protecting liberty and preventing abuse of power are the first principles of Chief Justice John Roberts' administrative law.
Jack M. Beermann contends that the Seila Law majority's distinction between multimember and single-headed independent agencies lacks legal and historical support and lays the groundwork for invalidating independent agencies altogether.
The core disagreement in Seila Law, writes David A. Strauss, was about historical practice and its role in determining what the Constitution requires.
Reid Coleman argues that Congress's impulse to use the judiciary to oversee the executive branch has practical and constitutional flaws.
The president may remove inspectors general when they attempt to go beyond their limited powers.