CFPB Challenge Latest in Separation of Powers Remake

CFPB Challenge Latest in Separation of Powers Remake

Author: Bloomberg Law March 2, 2023 Duration: 21:25
The Consumer Financial Protection Bureau faces a challenge to its existence in a case the US Supreme Court will take up next term. The US Court of Appeals for the Fifth Circuit ruled the agency’s funding mechanism violates separation of powers principles because it’s paid for by the Federal Reserve, not through legislative appropriations. The Biden administration warns the ruling calls into question “every action” the CFPB has taken since its creation by Congress in the aftermath of the 2008 financial crisis, and could “inflict immense” legal and practical harm on consumers. Adam White of the American Enterprise Institute joins Cases and Controversies to explain the case and discuss the court’s recent attempts to bolster presidential power over administrative agencies. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

Every Monday, the legal world turns its attention to the nation's highest bench, and Cases and Controversies is there to provide essential context. This Bloomberg Law podcast goes beyond the headlines to examine the real-world implications of the Supreme Court's docket. Rather than dry legal summaries, you'll hear nuanced discussions that unpack the complex narratives and strategic thinking behind pivotal cases. Each episode either sets the stage for upcoming oral arguments or delves into a consequential ruling with the people who know it best. The conversations feature a range of voices, including seasoned Supreme Court advocates, federal judges, astute law professors, practicing attorneys, and sharp legal journalists. Together, they explore the tensions and philosophies shaping American jurisprudence. Tuning into this podcast offers a front-row seat to the debates that define our rights, our institutions, and our society. It’s for anyone who wants to understand not just what the Court decides, but how and why those decisions are made, presented with the clarity and authority you expect from Bloomberg Law.
Author: Language: English Episodes: 100

Cases and Controversies
Podcast Episodes
Barrett, Kavanaugh Could Be Key in CFPB Funding Fight [not-audio_url] [/not-audio_url]

Duration: 22:56
Whether funding of the Consumer Financial Protection Bureau is unlawful or not could rest with conservative Justices Brett Kavanaugh and Amy Coney Barrett, one court watcher says. Brennan Center for Justice President and…
Blockbuster Fallout Looms Over New Supreme Court Term [not-audio_url] [/not-audio_url]

Duration: 24:10
The Supreme Court kicks off its 2023 term on Monday with guns, abortion, and affirmative action potentially coming back—whether the justices are ready for them or not. Advocates and lower courts are emboldened by the hig…
Death Row Defendants Find Few Wins at Supreme Court [not-audio_url] [/not-audio_url]

Duration: 16:25
Death penalty cases are often adjudicated for years, if not decades, before they reach the Supreme Court. But once they do, the justices must make life-or-death decisions in a relatively quick amount of time. Death penal…
'Cases and Controversies': A Dramatic First Decade [not-audio_url] [/not-audio_url]

Duration: 20:26
From Antonin Scalia’s sudden death, to four new justices, a leaked opinion draft, the overturning of abortion rights, and the pandemic-era introduction of live audio for oral arguments—a lot has happened at the Supreme C…
Supreme Court ‘Supersized’ Major Questions Doctrine [not-audio_url] [/not-audio_url]

Duration: 33:49
Rejection of Joe Biden's student loan forgiveness plan suggests Supreme Court conservatives are going to be more comfortable with second-guessing federal agency determinations even when they fall within a federal statute…
Supreme Court Wraps Up With Conservative Trifecta on Big Cases [not-audio_url] [/not-audio_url]

Duration: 17:20
Conservative justices asserted themselves in a big way in the final days of the Supreme Court term. The six Republican-appointed justices joined together in striking down affirmative action, rejecting Joe Biden’s student…
Biggest Cases Loom as Supreme Court Hits Homestretch [not-audio_url] [/not-audio_url]

Duration: 19:42
The Supreme Court heads into the final week of the term for argued cases with a flurry of opinions on tap, including what could be a blockbuster on affirmative action in higher education and the fate of Joe Biden’s stude…
Tribal Adoption Law Survives Colorblind Challenge [not-audio_url] [/not-audio_url]

Duration: 13:12
In upholding a landmark measure meant to keep adopted American-Indian children with tribal families, the Supreme Court again declined to embrace a colorblind view of federal law. The conservative argument that race shoul…
Justices Surprise by Refusing to Remake Voting Rights [not-audio_url] [/not-audio_url]

Duration: 27:16
The Supreme Court declined to make it harder to bring racial challenges to voting rules, shocking court watchers who expected the majority conservative court to make major changes to the law. Goodwin's William Jay joins…
New Jackson Milestone as Supreme Court Term Nears End [not-audio_url] [/not-audio_url]

Duration: 19:15
Ketanji Brown Jackson continues to draw notice on the Supreme Court, this time writing the first solo dissent from a first-term justice since Clarence Thomas in 1991. Cases and Controversies hosts Kimberly Robinson and G…