News & Analysis as of

Administrative Agencies Article III

McDonnell Boehnen Hulbert & Berghoff LLP

Judge Newman's Challenge Fails at D.C. Circuit

Congress in writing laws is faced with a dilemma. On the one hand the laws must be sufficiently clear and specific to enable enforcement, but on the other, the myriad of circumstances that can arise make it impossible to...more

Carlton Fields

Chevron on the brink — the Supreme Court could revolutionize administrative law this term (but shouldn’t)

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In 1984, a six-Justice Supreme Court — the minimum needed for a quorum — issued Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc.1 and introduced “Chevron deference” into the legal lexicon. Chevron provides a...more

Jenner & Block

Client Alert: Supreme Court Permits Constitutional Challenges to Administrative Agencies While an Enforcement Proceeding Is...

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On April 14, 2023, in Axon Enterprise, Inc. v. Federal Trade Commission and the companion case Cochran v. Securities and Exchange Commission, the Supreme Court held that district courts have jurisdiction to hear structural...more

WilmerHale

Jarkesy Case Upends SEC Tribunal

WilmerHale on

On May 18, 2022, the US Court of Appeals for the Fifth Circuit issued its decision in Jarkesy v. SEC, vacating a Securities and Exchange Commission (SEC) decision in an enforcement action brought as an administrative...more

Seyfarth Shaw LLP

Win Some, Lose Some: Trump Gets A Loss And A Win In The Fight To Control The CFPB

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Seyfarth Synopsis: One court upholds protection of Dodd-Frank limiting the President’s removal authority, while another court stifles a challenge against Mulvaney serving as acting Director of CFPB....more

Ballard Spahr LLP

Court dismisses credit union’s lawsuit challenging Mulvaney’s appointment

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The U.S. District Court for the Southern District of New York has dismissed for lack of Article III standing the lawsuit filed by a credit union challenging President Trump’s appointment of Mick Mulvaney as CFPB Acting...more

Ballard Spahr LLP

Oral argument held in SDNY credit union lawsuit challenging Mulvaney appointment

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The U.S. District Court for the Southern District of New York recently held oral argument regarding the pending motions in the Lower East Side People’s Federal Credit Union v. Trump and Mulvaney. ...more

Ballard Spahr LLP

DOJ seeks dismissal of credit union’s SDNY lawsuit challenging Mulvaney’s appointment as Acting CFPB Director

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On December 22, 2017, the Department of Justice responded to the preliminary injunction motion (“PI motion”) filed by the Lower East Side People’s Credit Union (“People’s”) in its lawsuit challenging Mick Mulvaney’s...more

Jones Day

Are Inter-Partes-Review Proceedings Constitutional? Supreme Court Will Weigh In

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Today, the Supreme Court agreed to hear a challenge to the constitutionality of inter partes review...more

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