This Friday, the Supreme Court will hear oral argument in a set of cases challenging the Occupational Safety and Health Administration’s decision to issue an “emergency temporary standard” (“ETS”) requiring, with some exceptions, either mandatory COVID-19 vaccination or masking and testing by employers with 100 or more employees. The ETS Litigation presents significant questions of […]
*This is the eighth post in a series on Cass Sunstein and Adrian Vermeule’s new book Law and Leviathan: Redeeming the Administrative State. For other posts in this series, click here. Law and Leviathan is a work that seeks to connect abstract principles of political philosophy with concrete developments in administrative law doctrine. I find […]
Last week, the Supreme Court heard oral argument in Knick v. Township of Scott, a case that presents the question whether “the Court should reconsider the portion of Williamson County Regional Planning Commission v. Hamilton Bank, requiring property owners to exhaust state court remedies to ripen federal takings claims.” At issue in Knick is the […]
Among the structural provisions contained in the Constitution, the Appointments Clause seems at first blush to be the one least susceptible to interpretive confusion. The Clause provides that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint . . . all [ ] Officers of the United States” whose appointments […]
As one part of a statute officially entitled the “Dodd-Frank Wall Street Reform and Consumer Protection Act,” Congress in 2009 established the Consumer Financial Protection Bureau (CFPB) as “an Executive agency” headed by a Director removable from office by the President “for inefficiency, neglect of duty, or malfeasance in office.” Rumor now has it that […]
Last Friday, the Consumer Financial Protection Bureau filed a petition for en banc review in PHH Corp. v. CFPB. The petition challenges Judge Kavanaugh’s opinion for two judges of a panel of the D.C. Circuit, which declared unconstitutional the statute limiting the President’s authority to remove the CFPB’s Director, Richard Cordray. In doing so, the […]
In the summer of 1942, Professor Henry Hart, then ten years into his career as a law professor, temporarily left the Harvard Law faculty to become an associate general counsel at the Office of Price Administration, an agency responsible for setting prices throughout the World War II-economy. Just under three years later, Hart argued the […]