For those of you following the controversy over President Obama's recess appointments to the NLRB and the CFPB, Matthew Stephenson has an interesting essay in the current issue of the Yale Law Journal. Here's the abstract: It is generally assumed that the Constitution requires the Senate to vote to confirm the President’s nominees to principal […]
Category Archives: Consumer Financial Protection Bureau
Here. Of those, 250 were made by Republican presidents. Some of the supposedly unlawful appointments were of Court of Appeals judges. (HT: Barbara Traub)
On Monday, we told you about one company's efforts to bring its challenge to President Obama's recess appointments before the U.S. Supreme Court. The challenge came in the form of an emergency stay application directed to Justice Ginsburg, which she wasted no time in denying. The challenger — a company, known as HealthBridge Management, that […]
Here. This should be read by anyone interested in consumer protection.
So much is being written about Republican opposition to confirmation of the CFPB's director, Richard Cordray, that it's hard to keep up with it all. But a couple of recent pieces pull a lot together and are worth a look. One is Nobel Laureate and Times columnist Paul Krugman's op-ed yesterday, Friends of Fraud, about […]
Kent H.Barnett of Georgia has written To the Victor Goes the Toil–Remedies for Regulated Parties in Separation-of-Powers Litigation, in which he mentions the Big Spring case over the validity of the president's recess appointments, including to the Consumer Financial Protection Bureau. Here's the abstract: The U.S. Constitution imposes three key limits on the design of […]
by Deepak Gupta Earlier than many had expected, a challenge to President Obama's recess appointments reached the doorstep of the U.S. Supreme Court this morning, but it was quickly rebuffed this afternoon by Justice Ginsburg in her capacity as Circuit Justice for the Second Circuit. Justice Ginsburg did not request a response or refer the […]
by Deepak Gupta The Arbitration Wars Meet the Recess Appointment Wars: Since its beginning, this blog has closely covered controversies over mandatory arbitration in consumer and employment contracts. More recently, we've been covering the constitutional controversy over the President's recess appointments to the CFPB and NLRB. On Tuesday, those two worlds officially collided when lawyers […]
by Deepak Gupta There are some important counterpoints to the wild predictions I'm already hearing from industry lawyers about the effect of today's D.C. Circuit's decision invalidating the NLRB recess appointments. First, because the decision openly creates a circuit split with an Eleventh Circuit decision upholding George W. Bush's recess appointment of Judge Pryor and […]
by Jeff Sovern Here. I have seen reports that Cordray might seek the Ohio governorship, even that he might leave the CFPB directorship before his recess appointment expires at the end of this year to that end, but perhaps this indicates that he will stay at the Bureau. I wonder if this is a pro […]