Roberts Court

Online
Essay
Conservative Minimalism and the Consumer Financial Protection Bureau
Jonathan H. Adler
Jonathan H. Adler is the Johan Verheij Memorial Professor of Law and the Director of the Coleman P. Burke Center for Environmental Law at Case Western Reserve University School of Law.

Chief Justice John Roberts mystified and frustrated court watchers with his opinions in the closing weeks of the Supreme Court’s October 2019 term.

Online
Essay
What Seila Law Says About Chief Justice Roberts’ View of the Administrative State
Lisa Schultz Bressman
Lisa Schultz Bressman is the David Daniels Allen Distinguished Chair in Law at Vanderbilt Law School.

She thanks Kevin Stack and Michael Bressman for very helpful comments, and Peter Byrne for excellent research assistance.

In Seila Law LLC v. Consumer Financial Protection Board, the Supreme Court invalidated a statutory provision that protected the director of the Consumer Finance Protection Board (CFPB) from removal by the president except for “inefficiency, neglect of duty, or malfeasance in office.” Writing for the Court, Chief Justice John Roberts announced a new test for evaluating the constitutionality of “for cause” restrictions on presidential removal of high-level agency officials.