Manage episode 267325001 series 2488415
Seila Law, a law firm based in CA specializing in debt relief services, was being investigated by CFPB after being alleged of violating telemarketing sales rules. Seila Law challenged the CFPB’s authority to investigate their firm, maintaining the CFPB’s structure, namely its director’s immunity from “at will” removal by the President, was unconstitutional.
The Supreme Court ruled 5-4 in favor of Seila Law, finding Congress’s insulation of the Bureau’s director from at will removal did indeed violate the separation of powers.
Chief Justice Roberts delivered the majority’s opinion, in which Justices Thomas, Alito, Gorsuch, and Kavanaugh joined. Justice Kagan filed an opinion concurring in the judgement with regard to severability and dissenting in part in which Justices Breyer, Ginsburg, and Sotomayor joined.
Joining us to discuss this case and its implications are John Eastman, Henry Salvatori Profesor of Law and Community Service and Director of the Center for Constitutional Jurisprudence at Chapman University’s school of Law, and Brian Johnson, partner at Alston & Bird.