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Appointments Clause

Supreme Court Declines Case on Whether Dodd-Frank’s CFPB Is Unconstitutional

The Supreme Court on Monday denied review of a major challenge to the constitutionality of the CFPB and Dodd-Frank, resulting from the understandable recusal of Justice Brett Kavanaugh, who was still a judge on the federal appeals court handling the case on its way to the justices when the case was pending before that court.

The U.S. Supreme Court is seen at dusk February 13, 2016 in Washington, DC. Supreme Court Justice Antonin Scalia was at a Texas Ranch Saturday morning when he died at the age of 79. (Photo by Drew Angerer/Getty Images)

Klukowski: The Legal Case for Matthew Whitaker’s Appointment as Acting Attorney General

It is hard to see how arguments that President Trump cannot appoint Matthew Whitaker as acting attorney general, because even temporary top positions must be Senate-confirmed, could be correct. Otherwise the Constitution could deprive the nation of a functioning government every time a new party wins the presidency while the opposition party holds the Senate.

Donald Trump, Matthew Whitaker

Supreme Court Rules that SEC Judges are Unconstitutional

The Supreme Court ruled 7-2 that administrative law judges at federal agencies are “officers of the United States” who must be appointed by department heads, and that the judges at the SEC violate the Constitution’s Appointments Clause because those ALJs are appointed by staff employees.

The Associated Press