U.S. Supreme Court,
Government,
Constitutional Law,
Administrative/Regulatory
Dec. 21, 2020
What's the right remedy for a constitutional structural wrong?
The U.S. Supreme Court left open one key question in its recent Seila Law decision: whether past actions taken by the CFPB under its unconstitutional structure can also be preserved, or, put another way, what’s the right remedy for a constitutional wrong of this kind?
Anne Voigts
Partner
Pillsbury Winthrop Shaw Pittman LLP
Michael D. Roth
Partner
King & Spalding
UCLA SOL; Los Angeles CA
Michael is a partner in the Trials and Global Disputes group at King & Spalding LLP who has represented entities against the CFPB and who maintains an active appellate practice.
S\Seila Law LLC v. CFPB, 140 S. Ct. 2183, 2192, 2202 (2020), answered two questions. First, it held that the Consumer Financial Protection Bureau's "structure," which vested unprecedented power in an executive agency and provided for a single director removable only for cause, "violate[d] the separation of p...
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