Duty

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Essay
Seila Law and the Law of Judicial Review
John Harrison
John Harrison is the James Madison Distinguished Professor of Law and Thomas F. Bergin Teaching Professor at the University of Virginia.

Professor Caleb Nelson provided helpful comments.

The Court in Seila Law LLC v. Consumer Financial Protection Bureau did not hold that the restriction on presidential removal of the Consumer Financial Protection Bureau (CFPB) director was unconstitutional. At least, it did not do so according to standard principles of stare decisis and the orthodox account of the law of judicial review—the legal principles under which courts implement the hierarchical superiority of the Constitution to all other legal norms.

Duty Judicial Review Precedent

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