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Today on the WLF Legal Pulse Blog

Federal Courts Must Enforce Limits on President’s Appointment Powers

No one any longer contests that President Obama acted in excess of his constitutional powers when, on January 4, 2012—a day on which the Senate was not in recess—he purported to grant a recess appointment to Richard Cordray to head the Consumer Financial Protection Bureau (CFPB).  Yet, in a troubling decision issued last week, the U.S. District Court for the District of Columbia indicated that it was of no moment that for a period of 18 months Cordray, although no more than a private citizen, issued dozens of significant decisions in the name of CFPB.  Judge Ellen Huvelle ruled in State National Bank of Big Springs v. Lew that Cordray, after finally receiving Senate confirmation, could simply wave a magic wand and retroactively approve all of his unauthorized acts.  That decision eviscerates the Constitution’s explicit limitations on the President’s appointment powers and encourages future Presidents to disregard those limitations. Continue reading

United States v. DeCoster
On July 6, 2016, the Eighth Circuit affirmed a term of imprisonment for two executives of Quality Egg LLC under the “responsible corporate officer” (RCO) doctrine—a rare instance of strict supervisory liability in the criminal law. The decision was...
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Suttner v. Crane Co.
On June 28, 2016, the New York Court of Appeals upheld a lower court decision holding valve manufacturer liable for failing to warn end users about asbestos dangers posed by replacement parts manufactured and installed by third parties. The decision...
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National Federation of Independent Business v. Perez
On June 27, 2016, the U.S. District Court for the Northern District of Texas preliminarily enjoined the Department of Labor’s new Persuader Rule, in part for violating the First Amendment. As WLF’s brief argued, the new rule facially discriminates...
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Consumer Financial Protection Bureau v. Gordon
On June 27, 2016, WLF filed a petition with the U.S. Court of Appeals for the Ninth Circuit, urging it to grant rehearing en banc in a case in which an appeals court panel upheld a massive judgment against WLF’s client, defendant Chance Gordon. The...
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RJR Nabisco, Inc. v. The European Community
On June 20, 2016, the U.S. Supreme Court overturned a Second Circuit decision that would have permitted private plaintiffs to sue for money damages under the Racketeer Influenced and Corrupt Organizations Act (RICO) for injuries allegedly suffered...
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Court Uses Climate Change to Sharpen ESA’s Claws
By Kirk B. Maag, an attorney in Stoel Rives LLP’s Portland, OR office, and Olivier F. Jamin, a summer associate at the firm.
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