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Constitutional Challenges › Non-Delegation Doctrine › Separation of Powers

Venable LLP

Enduring Delegations - Supreme Court Rejects Nondelegation Challenges to the FCC’s Administration of the Universal Service Fund in...

Venable LLP on

The nondelegation doctrine prevents Congress from giving away too much of its legislative power to other entities. After a strong showing in 1935, the nondelegation doctrine has remained dormant, with the Supreme Court...more

Carlton Fields

The Hits Keep Coming for FINRA, Closing Out a Brutal Summer

Carlton Fields on

It’s not just the New York Yankees that wish they could put the summer behind them. We previously wrote about the shocking blow the D.C. Circuit Court of Appeals dealt FINRA in early July by enjoining the self-regulatory...more

Goodwin

House Financial Committee Introduces CFPB Reform Bill In Response To Recent Court Decisions

Goodwin on

Last fall, the United States Court of Appeals for the Fifth Circuit found that the CFPB’s independent funding through the Federal Reserve was in violation of the Appropriations Clause and the underlying separation of powers...more

Snell & Wilmer

A Constitutional Shakeup in Administrative Law? The Fifth Circuit’s New Decision Revisits the Application of the Nondelegation...

Snell & Wilmer on

A groundbreaking decision released by the Fifth Circuit on May 18 signals a changing landscape for federal administrative law and the separation of powers. In Jarkesy v. Securities and Exchange Commission, 34 F.4th 446 (5th...more

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