D.C. Circuit holds Texas bank has standing to challenge CFPB’s constitutionality

Just one day after a Senate Judiciary Committee hearing focusing on the constitutional challenge to the CFPB in State National Bank of Big Spring v. Lew, the D.C. Circuit has issued an opinion allowing that challenge to go forward on the merits and reversing the district court's dismissal on standing grounds. I testified in defense […]

Will California’s new kid vaccination law become a model for the country?

Laws in all states generally require kids to be vaccinated against various childhood diseases before they may attend school. (And, of course, school attendance itself is legally required.) But most of those laws have exceptions to accommodate parents' religious and philosophical objections. (And the laws don't require kids to be vaccinated when their medical conditions […]

Third Circuit joins circuit consensus on Comcast, also reaffirms that standing need not be established for each class member

Yesterday, in a product-defect class action about Volvos with faulty sunroofs, the Third Circuit addressed two important class action questions — one arising in the wake of the Supreme Court's decision in Comcast Corp. v. Behrend, the other to be examined in the upcoming term in Tyson Foods v. Bouaphakeo. The Comcast question, which we've […]

Senate hearing on constitutionality of CFPB and Dodd-Frank

This afternoon (at 2pm), I'll be testifying before the Senate Judiciary Committee on the constitutionality of the Consumer Financial Protection Bureau and the Dodd Frank Act. The title for today's hearing gives you a flavor of the sweeping (and fringe) legal theories being advanced by the CFPB's opponents: "The Administrative State v. The Constitution: Dodd-Frank […]

FDA to study effect of drug-ad boasting on patient perceptions

The Wall Street Journal explains: Time and again, consumer ads claim a medicine is the number one drug prescribed by physicians. Putting aside the question of whether such boasting is actually true, what remains unclear is the extent to which consumers view such information positively or as a substitute for effectiveness data. And so, the […]