Bloomberg Law : Courts Should Curb the FTC’s Historic Disgorgement Tactics

June 07, 2023 | By CALEB KRUCKENBERG

When the government is caught stealing, it should be required to return what it took. For the Federal Trade Commission, though, such a simple notion is an affront to the way it has done business for decades. The courts must step in and force the agency to follow the law. For almost 50 years, the … ...


Issues & Insights : Who Are The ‘HEROES’ In The Student Loan Cancellation Case?

February 27, 2023 | By CALEB KRUCKENBERG

Tomorrow the Supreme Court will hear oral arguments in a pair of challenges to the Biden administration’s plan to cancel up to $20,000 in federally held student debt for borrowers making less than $125,000 (or $250,000 for a household). There’s a lot at stake in Biden v. Nebraska and Department of Education v. Brown, not … ...


Washington Post : Student loan forgiveness was not in the Heroes Act

February 24, 2023 | By CALEB KRUCKENBERG

I filed an amicus brief on behalf of former House speaker John A. Boehner (R-Ohio) and former representatives John Kline (R-Minn.) and Howard P. “Buck” McKeon (R-Calif.) in the cases now before the Supreme Court concerning President Biden’s student loan cancellation efforts. My clients wrote the legislation at issue — the Heroes ...


DC Journal : Student Debt Cancellation Plan Is Flatly Unconstitutional

October 05, 2022 | By CALEB KRUCKENBERG

When President Biden was asked at a 2021 town hall event about canceling student debt, he doubted it could be done without working through Congress: “I don’t think I have the authority to do it by signing with a pen,” the president said. … ...


The Hill : Congress can’t punt its lawmaking responsibility to the attorney general

June 06, 2022 | By CALEB KRUCKENBERG

Congress makes the law; you are innocent until proven guilty; and everyone is entitled to due process of law. These are elementary principles of American government that we all learn in grade school. But they are threatened when Congress gives the U.S. attorney general unilateral power to write the criminal laws his office is charged … ...


The Hill : Biden’s Department of Education begins new war on charter schools

April 19, 2022 | By CALEB KRUCKENBERG

Every parent wants their child to have access to a good education. But it’s no secret that your zip code makes a world of difference. Children in poor urban communities, who are overwhelmingly students of color, don’t have the same opportunities as students from the suburbs. Their public schools often fail them at the most … ...


The Hill : The FTC’s rebellion against the judiciary

January 03, 2022 | By CALEB KRUCKENBERG

The Federal Trade Commission (FTC) must be held accountable for its open defiance of the Supreme Court’s directives. For decades, the FTC relied on a statute authorizing “permanent injunctions” to obtain monetary fines. That always seemed strange. After all, neighboring sections of the law allow the commission to seek limited mone ...


The Hill : Does the FTC think no one notices its attempt to skirt a Supreme Court ruling?

November 15, 2021 | By CALEB KRUCKENBERG

In April, the Supreme Court unanimously rebuked the Federal Trade Commission’s decades-long abuse of its “disgorgement” authority to extract massive fines from companies accused of unfair trade practices because the agency never had that power in the first place. Now the FTC seems desperate to replace its unlawful disgorgement pra ...