Seila Law and the Roberts Court

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Essay
Seila Law as an Ex Post, Static Conception of Separation of Powers
Timothy G. Duncheon
Timothy G. Duncheon is a law clerk for the Honorable William A. Fletcher of the U.S. Court of Appeals for the Ninth Circuit.
Richard L. Revesz
Richard L. Revesz is the Lawrence King Professor of Law and Dean Emeritus at New York University School of Law. He filed an amicus brief in Seila Law on behalf of administrative law professors.

The authors thank Kirti Datla for her insightful comments on this piece.

Commentators have explored many important questions in the wake of Seila Law LLC v. Consumer Financial Protection Bureau. Do Myers v. United States and Humphrey’s Executor v. United States still stand for the proposition that Congress can impose limitations on the president’s removal authority for agency heads as long as it does not retain a role for itself?

Interbranch Disputes Separation of Powers

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