Amicus Briefs

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Separation of Powers

December 09, 2019

Constitutional Violations Require Meaningful Remedies

Aurelius Investment, LLC. v. Puerto Rico

This case asks whether Congress had the authority to create a board to bring bankruptcy-like proceedings on behalf of the Commonwealth of Puerto Rico. The board's membership is appointed without Senate confirmation even though the board exercises extremely broad authority. The First Circuit found that these appointments violated the Constitution's ...

December 09, 2019

Regulatory Agencies Must be Accountable to the President

Seila Law, LLC v. Consumer Financial Protection Bureau

Can Congress restrict the President's power to remove high-level officials in the Executive Branch? If so, as some lower courts have held, then the President cannot discharge his constitutional obligation to ensure that the "Laws are faithfully executed." To meet this obligation, the President must have sufficient control over his administration— ...