Congress

Online
Essay
Out of the Separation-of-Powers Frying Pan and Into the Nondelegation Fire: How the Court’s Decision in Seila Law Makes CFPB’s Unlawful Structure Even Worse
Markham S. Chenoweth
Michael P. DeGrandis
Markham S. Chenoweth & Michael P. DeGrandis are General Counsel and Senior Litigation Counsel, respectively, at the New Civil Liberties Alliance.

NCLA filed an amicus curiae brief on the prevailing side in Seila Law.

The U.S. Supreme Court’s June 29, 2020 decision in Seila Law LLC v. Consumer Financial Protection Bureau fixed a glaring constitutional defect in the way Congress structured the Consumer Financial Protection Bureau (CFPB or Bureau).

Appropriations Power CFPB Congress FHFA Nondelegation Doctrine Separation of Powers
Online
Essay
Separation-of-Powers Faux Pas: The McGahn Litigation and Congress’s Efforts to Use the Courts to Resolve Interbranch Information Disputes
Reid Coleman
Rice University, B.A. 2017; Special Assistant to the White House Counsel, 2017–2018; J.D. Candidate, Class of 2021, The University of Texas School of Law.

For helpful commentary and feedback, the author thanks Hugh Brady, Dan Epstein, Matthew Reade, and The University of Chicago Law Review. The author would also like to thank Don McGahn and Annie Donaldson for their role in an incredibly formative year at the White House. This Essay reflects the author’s views only.

After former White House Counsel Donald F. McGahn refused to comply with a congressional subpoena, the U.S. House of Representatives initiated a federal lawsuit.

Civil Enforcement Congress Don McGahn Donald Trump Executive Branch Interbranch Disputes Separation of Powers Subpoena White House Counsel

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