Tag Archives: separation of powers
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SCOTUS Opinion: Court Sets Forth Standard For Congress To Subpoena President Trump’s Financial Records
Three different House committees issued subpoenas to President Trump’s accountant and two banks seeking information about his finances and his businesses. Trump fought the subpoenas, arguing that the subpoenas violated the separation of powers and were not linked to a valid legislative purpose, but he did not claim executive privilege. The DC and Second Circuits both declined to stop the ... Read More
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SCOTUS Opinion: Director of the Consumer Financial Protection Bureau Is Removable At Will
To ensure that consumer debt products were safe and transparent, Congress created the Consumer Financial Protection Bureau, which had power to investigate and seek relief on behalf of consumers, among other Executive Branch powers. Unlike other independent agencies, the Bureau was led by a single Director, appointed by the President with advice and consent of the Senate for a five-year ... Read More
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SCOTUS Opinion: Court Declines To Extend Bivens To Allow Suit Against Border Agent For Shooting
U.S. Border Patrol agent Jesus Mesa, Jr. shot 15 year-old Sergio Adrian Hernandez Guereca while Mesa was on U.S. land, and Hernandez had run back across onto Mexican soil. Hernandez's family sued Mesa under Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971), which permits damages claims against federal agents even though no federal statute authorized the claim ... Read More