Cases and Controversies
248 episodes - English - Latest episode: about 21 hours ago - ★★★★ - 134 ratingsBloomberg Law's Cases and Controversies brings you the latest from the Supreme Court. Each week we preview oral arguments at the Court or feature in-depth interviews. We explore critical legal issues with Supreme Court advocates, judges, law professors, lawyers, and legal journalists. Hosts: Kimberly Robinson and Lydia Wheeler.
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Episodes
Official Act Is Sticking Point in Trump Immunity Claim
April 26, 2024 18:03 - 12 minutesDonald Trump may still get a victory even if the Supreme Court rejects his claim for blanket immunity from criminal prosecution. Several key justices seemed inclined during arguments on Thursday to send Trump’s case back to the trial court to determine whether he was acting in his official capacity when he tried to overturn the 2020 election and during the run-up to the Jan. 6 Capitol riot by his supporters. Cases and Controversies hosts run through the lively and, at times, surprising argume...
Idaho Abortion Ban Getting Supreme Court Review
April 19, 2024 19:37 - 22 minutesThe Supreme Court will hear its second abortion case of the term, this time on Idaho’s ban and the reach of federal law in anti-abortion states. The Biden administration argued that the federal Emergency Medical Treatment and Labor Act requires hospitals to provide an abortion when there is a serious risk of harm to the mother. Alliance Defending Freedom’s John Bursch joins Cases and Controversies to explain why Idaho says its state law requires an abortion only when necessary to save the mot...
US Supreme Court Considers Novel Charges Over Jan. 6
April 12, 2024 18:51 - 15 minutesThe Supreme Court will consider whether prosecutors went too far in charging Jan. 6 rioters with an Enron-era statute, in a case that could have implications for the criminal prosecution of former President Donald Trump. Former Boston Police officer Joseph Fischer, who participated in the Capitol breach, hopes to tap into concerns by some justices that prosecutors have too much discretion. It's something the court's pulled back on in recent terms. Bloomberg Law judiciary reporter Suzanne Mony...
Homeless Dispute Getting Rare Supreme Court Hearing
April 05, 2024 19:21 - 16 minutesA fight over an Oregon city’s attempt to outlaw homelessness would make headlines in any other term. But the case, said to be the first of its kind in decades and set for argument April 22, has flown under the radar. The justices are being asked if the Eighth Amendment ban on cruel and unusual punishment prohibits Grants Pass from enforcing an ordinance that makes it unlawful to sleep on public property. “This is the first case the Supreme Court has taken up on homelessness in 40 years,” said...
Supreme Court Abortion Pill Argument Light on Merits
March 29, 2024 19:53 - 15 minutesArguments in the challenge to the abortion drug mifepristone suggest the Supreme Court will nix the dispute on technical standing grounds. Justices from across the ideological spectrum suggested the anti-abortion doctors at the center of the case were asking too much. Cases and Controversies hosts run through the lopsided arguments that focused little on the merits and almost exclusively on whether the doctors could prevent access to the drug nationwide. They also discuss how the Supreme Cour...
Government Censorship Focus of Supreme Court Disputes
March 22, 2024 19:09 - 16 minutesLower court rulings that largely halted Biden administration communication with social media companies to combat misinformation about Covid and the 2020 election faced skepticism from Supreme Court justices. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler break down the March 18 arguments in Murthy v. Missouri and NRA v. Vullo, a second First Amendment fight about alleged government censorship. They also discuss the legal whiplash over a Texas law that makes it a crime to il...
Supreme Court Urged to Take Up Fight Over Trans Youth
March 15, 2024 18:50 - 14 minutesThe Biden administration and others are asking the Supreme Court to weigh in on state bans on gender-affirming care for transgender kids despite its refusal to resolve related disputes over youth sports and student bathroom use. The ACLU’s Li Nowlin-Sohl joins Cases and Controversies to discuss bans out of Kentucky, Tennessee, and Idaho pending before the court, and the chances that the justices will finally weigh in. Do you have feedback on this episode of Cases & Controversies? Give us a ca...
Divide Surfaces in Supreme Court Trump Ballot Ruling
March 08, 2024 19:39 - 19 minutesHeadlines touting the Supreme Court’s unanimous decision to keep Donald Trump on the Colorado presidential ballot obscured division among the justices over the Constitution’s insurrection clause. UC Davis School of Law professor Ashutosh Bhagwat joins Cases and Controversies to explain what the justices did and didn’t agree on March 4 regarding Section 3 of the 14th Amendment, and what that means for the November election. Do you have feedback on this episode of Cases & Controversies? Give us...
Supreme Court Digs into Guns, Social Media, and Trump Immunity
March 01, 2024 19:25 - 13 minutesIt was a big week at the Supreme Court with arguments over social media and guns, and a grant on Donald Trump’s bid for immunity from prosecution over alleged election interference. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler detail arguments in Garland v. Cargill, the challenge to the federal government’s ban on so-called bump stocks, and Moody v. NetChoice and NetChoice v. Paxton, challenging state laws that target social media companies. They also explain the court’s ...
Social Media Cases Could Impact Public Discourse Online
February 23, 2024 20:03 - 22 minutesThe Supreme Court will hear arguments Monday in fights over laws in Florida and Texas that seek to stop social media platforms from censoring conservative speech online. At issue are provisions that require platforms to keep up certain kinds of content and inform users when posts are removed. The justices are being asked to decide if those requirements are constitutional under the First Amendment’s right to editorial judgment. Scott Wilkens, senior counsel at Columbia University’s Knight Fir...
Supreme Court Weighs Next Steps on Trump Immunity Bid
February 16, 2024 21:59 - 16 minutesSupreme Court justices have a number of things to sort out before deciding whether to take up or reject the question of whether Donald Trump can be prosecuted for election interference. Should the justices give Trump another crack at the DC Circuit on his immunity claim? And how should they decide special counsel Jack Smith’s request to treat Trump’s appeal as a petition for a full review? Georgetown University Law Center professor Erica Hashimoto joins “Cases and Controversies” to unwrap the...
Historic Trump Ballot Argument Explored Numerous Paths
February 09, 2024 21:15 - 12 minutesSupreme Court arguments in Colorado’s bid to remove Donald Trump from the state’s presidential primary ballot tested a number of legal principles and scenarios. The justices dove into the potential impact on their deliberations of a case from the 1860s as well as whether state governments have powers to effectively decide a presidential election. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler break down all the technical arguments from the Feb. 8 special session and where i...
High Court ‘Friends’ Urge Caution in Trump Ballot Case
February 02, 2024 19:44 - 27 minutesThe Supreme Court will hold a special session Feb. 8 to consider whether Colorado can keep Donald Trump off the primary ballot. Notre Dame Law School professor Derek Muller joins Cases and Controversies to explain the legal issues at play and the potential impacts of a court ruling that fails to give a definitive answer before the presidential election. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.
Trump’s Supreme Court Case Raises Security Questions
January 26, 2024 21:02 - 13 minutesSupreme Court justices will soon hear argument on Donald Trump’s appeal to stay on the Colorado primary ballot, but another question for the court is whether the former president will attend the proceedings. Trump has done so in other court hearings of late around the country, creating unprecedented security challenges. While the Supreme Court is used to heightened security for the justices, hosting Trump for such a blockbuster case would heighten the stakes. The court won’t say what security...
With Chevron Doctrine Likely to Fall, What Comes Next?
January 19, 2024 19:36 - 14 minutesThe conservative-led Supreme Court seems primed to nix a bedrock principle governing the relationship between administrative agencies and federal courts. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler break down the 3 1/2-hour argument on Jan. 17 in Relentless Inc. v. Department of Commerce and Loper Bright Enterprises v. Raimondo. From the justices different understandings of the Chevron doctrine to uncertainties over a potential replacement for deference, the latest episo...
Trump, Agency Power Fights Tee-Up Historic Court Term
January 12, 2024 21:27 - 24 minutesBig challenges to federal agency regulatory powers at the Supreme Court could end up as a footnote to what’s shaping up to be a momentous term. Hosts Lydia Wheeler and Kimberly Robinson discuss how the court set up a historic sitting in agreeing to hear Donald Trump’s fight to stay on the 2024 primary ballot in Colorado and a second abortion case. It was already a significant term with two challenges to the so-called administrative state, which many thought would garner the most attention. Th...
No Fly, Property Rights Start Supreme Court New Year
January 05, 2024 21:42 - 23 minutesThe Supreme Court’s January sitting starts Monday and most of the focus will center on administrative law cases. But important arguments on government gamesmanship and property rights are also on tap. Anastasia Boden of the Cato Institute joins Cases and Controversies to break down upcoming arguments. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.
Tense Exchanges, Big Supreme Court Argument Moments
December 22, 2023 17:05 - 7 minutesArguing at the Supreme Court is no walk in the park. The justices ask tough questions and give hypotheticals that can trip up even the most prepared advocate. As the year comes to a close, Cases and Controversies hosts Lydia Wheeler and Greg Stohr look back at the most memorable moments from Supreme Court arguments so far this term since the court follows its own calendar. There were some uncomfortable, even awkward, exchanges during the free speech fight over a “Trump too small” trademark, t...
Grants in Abortion, Jan. 6 Add to Momentous Term
December 15, 2023 21:35 - 16 minutesThe Supreme Court added two high profile disputes to its docket and suggested it will fast-track a third involving former President, adding to an already consequential term. Hosts Kimberly Robinson, Lydia Wheeler, and Greg Stohr discuss the new cases on access to the abortion drug mifepristone, a challenge to Jan. 6 prosecutions, and immunity for former President Donald Trump on his efforts to overturn the 2020 election. Do you have feedback on this episode of Cases & Controversies? Give us a...
O’Connor’s Trailblazing Career Marked By Grit, Charisma
December 08, 2023 21:47 - 26 minutesJustice Sandra Day O’Connor solidified her legacy as the first female jurist to sit on the Supreme Court. One of her former clerks, Tamarra Matthews Johnson, joins Cases and Controversies to discuss her former boss as a justice and as a role model for women. She touches on O’Connor’s career hurdles and how her political experience came through in her time on the high court bench. Johnson recalls O’Connor as an active member who tried to think of things from multiple points of view—that she sa...
Justices Suggest Narrow Ruling on SEC Enforcement
December 01, 2023 21:43 - 15 minutesThe Supreme Court appeared likely to require the Securities and Exchange Commission to bring certain enforcement actions in federal court, rather than resolve them in-house. The only question appeared to be whether the justices' ruling will ensnare other federal agencies. Cases and Controversies hosts Kimberly Robinson and Greg Stohr discuss how the court might limit its ruling. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.
Supreme Court’s First Ethics Code Gets Cool Reception
November 17, 2023 20:25 - 18 minutesThe Supreme Court’s inaugural code of conduct, issued under pressure from transparency advocates and Congress, does little to quell concern over how the justices conduct themselves on ethics, critics say. The Brennan Center’s Jennifer Ahearn joins Cases and Controversies to talk about how the lack of an enforcement method, special recusal rules, and general tone are unlikely to result in many changes—both in how the court operates and how it’s perceived. Do you have feedback on this episode o...
Justices Weigh New Gun Test in Domestic Violence Case
November 09, 2023 20:24 - 23 minutesA lopsided Supreme Court appeared ready to side with the Biden administration in a Second Amendment challenge to a federal gun ban for those subject to domestic violence restraining orders. The real issue for the justices is how to apply their new test, established in the court’s 2022 ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, that requires courts to look for historical support for gun restrictions. Duke Center for Firearms Law Executive Director Andrew Willinger join...
Justices Seek Balance for Online Speech Protections
November 03, 2023 20:52 - 23 minutesThe justices searched for the proper line to balance free speech protections for public officials and their constituents online, in the first of several disputes involving social media this term. The Electronic Frontier Foundation's David Greene joins Cases and Controveries to explain the competing First Amendment issues at play in Lindke v. Freed and O’Connor-Ratcliff v. Garnier and how the cases fit in with other upcoming social media disputes. Do you have feedback on this episode of Cases ...
Barrett Rocks Out As Justices Return to Courtroom
October 20, 2023 20:42 - 19 minutesJustice Amy Coney Barrett made news this week when she became the latest justice to back a high court ethics code, but her tale of rocking out to the turn-of-the-century hit "Who Let the Dogs Out" in the stately halls of the highest court in the land stole the show. Cases and Controversies hosts Kimberly Robinson and Greg Stohr catch up on all the justices' latest activities. They also highlight the biggest cases being argued during the court's November sitting, from guns, to social media, t...
Justices Take Up South Carolina Redistricting Dispute
October 13, 2023 20:21 - 20 minutesFresh off last term’s win in an Alabama redistricting case, civil rights groups returned to the Supreme Court to argue that voting maps drawn by South Carolina Republicans disenfranchise Black voters and should be redrawn. But arguments in Alexander v. South Carolina State Conference on Oct. 11 seemed to favor the GOP-led legislature despite a deferential standard that limits the justices’ ability to second guess a lower court ruling siding with the challengers. Holtzman Vogel partner Jason T...
Barrett, Kavanaugh Could Be Key in CFPB Funding Fight
October 06, 2023 20:06 - 22 minutesWhether funding of the Consumer Financial Protection Bureau is unlawful or not could rest with conservative Justices Brett Kavanaugh and Amy Coney Barrett, one court watcher says. Brennan Center for Justice President and CEO Michael Waldman joins Cases and Controversies to discuss a challenge to the Obama-era agency that was set up in the aftermath of the financial crisis to regulate mortgages, auto loans and credit cards. He says it’s unclear how the court ultimately will rule following argu...
Blockbuster Fallout Looms Over New Supreme Court Term
September 29, 2023 16:15 - 24 minutesThe Supreme Court kicks off its 2023 term on Monday with guns, abortion, and affirmative action potentially coming back—whether the justices are ready for them or not. Advocates and lower courts are emboldened by the high court’s recent rulings in key areas and are bringing aggressive claims that the justices might not have anticipated, University of Chicago law professor David Strauss said. The “chickens are coming home to roost,” Strauss said in noting the court has unsettled law in some ar...
Death Row Defendants Find Few Wins at Supreme Court
September 26, 2023 17:06 - 16 minutesDeath penalty cases are often adjudicated for years, if not decades, before they reach the Supreme Court. But once they do, the justices must make life-or-death decisions in a relatively quick amount of time. Death penalty cases at the Supreme Court often come through the court's emergency, or "shadow" docket. In recent years, the court's conservatives have handed down rulings that closed off several avenues for capital defendants to get a rehearing of their case, or to even to challenge thei...
'Cases and Controversies': A Dramatic First Decade
September 22, 2023 20:28 - 20 minutesFrom Antonin Scalia’s sudden death, to four new justices, a leaked opinion draft, the overturning of abortion rights, and the pandemic-era introduction of live audio for oral arguments—a lot has happened at the Supreme Court in the past decade and Cases and Controversies has been there for all of it. The Bloomberg Law podcast started in very lo-fi way in a virtual closet has grown over the years as a staple of Supreme Court coverage with studio space with really good microphones, its own prod...
Supreme Court ‘Supersized’ Major Questions Doctrine
July 07, 2023 20:17 - 33 minutesRejection of Joe Biden's student loan forgiveness plan suggests Supreme Court conservatives are going to be more comfortable with second-guessing federal agency determinations even when they fall within a federal statute. UCLA law professor Adam Winkler joins Cases and Controversies to discuss what he's calling the "supersized" Major Questions Doctrine, the high court-made principle that's risen in recent terms and was the reasoning behind the 6-3 ruling in Biden v. Nebraska. Podcast hosts Ki...
Supreme Court Wraps Up With Conservative Trifecta on Big Cases
June 30, 2023 20:32 - 17 minutesConservative justices asserted themselves in a big way in the final days of the Supreme Court term. The six Republican-appointed justices joined together in striking down affirmative action, rejecting Joe Biden’s student loan forgiveness plan, and supporting religious liberty in a setback for LGBTQ rights. While the end of this term for argued cases wasn’t as explosive as a year ago when the court handed conservatives landmark victories on abortion and guns, the final flurry of decisions stil...
Biggest Cases Loom as Supreme Court Hits Homestretch
June 23, 2023 20:40 - 19 minutesThe Supreme Court heads into the final week of the term for argued cases with a flurry of opinions on tap, including what could be a blockbuster on affirmative action in higher education and the fate of Joe Biden’s student loan relief plan. Ten 10 cases remain with work expected to be wrapped up by June 30. Cases and Controversies hosts Kimberly Robinson and Greg Stohr take listeners down the homestretch and behind the scenes of what court watchers might expect and whether surprises are in st...
Tribal Adoption Law Survives Colorblind Challenge
June 16, 2023 19:06 - 13 minutesIn upholding a landmark measure meant to keep adopted American-Indian children with tribal families, the Supreme Court again declined to embrace a colorblind view of federal law. The conservative argument that race should almost never be a factor in setting and interpreting federal law hasn’t fared well this term. But that could change with decisions pending in challenges to affirmative action at Harvard and the University of North Carolina. In a 7-2 ruling on Thursday in Haaland v. Brackeen ...
Justices Surprise by Refusing to Remake Voting Rights
June 09, 2023 20:08 - 27 minutesThe Supreme Court declined to make it harder to bring racial challenges to voting rules, shocking court watchers who expected the majority conservative court to make major changes to the law. Goodwin's William Jay joins Cases and Controversies to discuss the reasons why Chief Justice John Roberts and Justice Brett Kavanaugh refused to go along with their conservative colleagues, and what, if anything, it might signal about the upcoming affirmative action cases. Along with co-hosts Kimberly Ro...
New Jackson Milestone as Supreme Court Term Nears End
June 02, 2023 19:50 - 19 minutesKetanji Brown Jackson continues to draw notice on the Supreme Court, this time writing the first solo dissent from a first-term justice since Clarence Thomas in 1991. Cases and Controversies hosts Kimberly Robinson and Greg Stohr discuss Jackson’s dissent in the labor case, and how she’s handled herself since joining the court in October. They’ll also analyze some of the 27 cases still outstanding with the term nearing an end, and how a few of the big ones might play out. Do you have feedbac...
Unanimity Doesn’t Mean Supreme Court Agrees Completely
May 26, 2023 20:32 - 23 minutes· Court clips EPA authority over clean water · Chides local government on home seizure Although Supreme Court justices were unanimous in backing landowners in a Big EPA case, their reasoning in the latest check on administrative authority shows there is still deep division. Styled as a concurrence, Justice Brett Kavanaugh’s opinion in Sackett v. EPA on how to determine whether the agency can regulate certain bodies of water read more like a dissent. Joined by the three liberal justices, Kava...
Jackson Breaks Mold for New Justices at Oral Argument
May 19, 2023 19:49 - 24 minutesJackson spoke significantly more than any other justice Was joined by other liberals as most talkative Ketanji Brown Jackson made her mark on US Supreme Court arguments like no other new justice in memory. Her historic confirmation as the first Black woman justice was followed by seven months of oral arguments in which she spoke almost twice as much as any other of her colleagues, according to Empirical SCOTUS’ Adam Feldman. Jackson so far has defied the norm of junior justices taking a bac...
High Court Veteran Examines Changing Oral Arguments
May 12, 2023 19:44 - 30 minutesThe Supreme Court kicked off opinion season with five rulings, leaving 39 more to get out before the term wraps up in June. Hosts Kimberly Robinson and Greg Stohr break down decisions covering immigration, public corruption, and state morality laws. Supreme Court veteran Daniel Geyser, of Haynes and Boone, also joins the podcast to look back on changes to high court arguments post-pandemic, including some sessions that now go way beyond the scheduled time. Do you have feedback on this episod...
Supreme Court Ethics, Agency Powers Draw Spotlight
May 04, 2023 20:18 - 23 minutesThe Supreme Court hasn’t released an opinion in weeks, but it did add a major case on May 1 to its docket looking at the power of administrative agencies. A dispute that started over a federal rule for companies fishing for herring off the Atlantic coast could wipe out a legal doctrine that tells courts they should defer to a federal agency’s interpretation when the law they’re administering is ambiguous. Jonathan Adler, who teaches administrative and constitutional law at Case Western Reserv...
Supreme Court Opinion Season Begins With Big Backlog
May 01, 2023 21:13 - 26 minutesWith scheduled arguments over for the term, Supreme Court justices now turn their attention to their remaining opinions, and it’s going to be a heavy lift over the next two months. The court has worked at a historically slow pace with just 15 opinions out and 75% of their cases remaining. Those include potential blockbusters on affirmative action, voting rules, and LGBT rights. Neal Katyal of Hogan Lovells bookended the argument schedule, appearing on the first and last days of the term. Now ...
Supreme Court Abortion Dispute, Ethics Saga Intensify
April 20, 2023 20:56 - 26 minutesThe Supreme Court enters its final week of scheduled arguments, rounding out the calendar to date with a property case that plaintiffs say amounts to home equity theft by local governments. Pacific Legal Foundation’s David Deerson joins “Cases and Controversies” to discuss his 94-year-old client’s challenge to a practice in a handful of states that has previously led to local governments taking homes to satisfy tax debt equivalents to a fast food burrito. Hosts Kimberly Robinson and Lydia Whe...
No Opinions or Arguments, But Not Quiet at High Court
April 13, 2023 21:13 - 34 minutesAnother Texas abortion case headed the justices’ way and a bombshell report on Clarence Thomas and his luxury vacations upended a usual quiet spring break from Supreme Court arguments and opinions. Cases and Controversies host Kimberly Robinson explains the fast-moving district and appellate rulings over the abortion drug mifepristone, a case that’s now on the high court’s doorstep. She also explains the latest controversy over Supreme Court ethics controversy drawing scrutiny in the Senate. ...
Worker Religious Accommodation Test Set for Top Court
April 06, 2023 20:12 - 25 minutesAn Evangelical Christian postal carrier in Pennsylvania, who says he was forced out of the job for refusing to work on Sundays, wants the US Supreme Court to do more to accommodate workers’ religious practices. Cases and Controversies explores the issues around faith in Groff v. DeJoy, which is set for argument April 18. The justices are being asked to overturn a ruling that said employers aren’t required to bear more than a “de minimus” cost in accommodating an employee’s religious exercise ...
‘True Threats’ Free Speech Test for US Supreme Court
March 30, 2023 20:49 - 12 minutesThe US Supreme Court is set to hear a free speech case that tests when statements are considered true threats not protected by the First Amendment. The justices are being asked in Counterman v. Colorado if the government has to show at trial that the speaker knew or intended the statement to be threatening in nature to secure a conviction, or if it’s enough to show an objective “reasonable person” would view that statement as a threat of violence. At the center of the dispute scheduled to be ...
Murder-For-Hire Trial Tests Reach of Sixth Amendment
March 27, 2023 19:31 - 15 minutesThe Supreme Court is considering an appeal that could force prosecutors to reconsider their tactics in criminal cases. This includes what evidence to introduce and how to try multiple defendants. Cases and Controversies hosts Kimberly Robinson & Greg Stohr will break down the questions posed in Samia v. United States which is set for argument March 29. The murder-for-hire case focuses on the Sixth Amendment requirement that criminal defendants be allowed to “confront” witnesses against them a...
Supreme Court Faces Growing Calls for Ethics Code
March 20, 2023 08:45 - 10 minutesQuestions involving their family ties and associations with other powerful people are nothing new for US Supreme Court justices. But now those relationships are generating more attention and criticism, and are partly fueling calls for them to adopt an ethics code. While the Supreme Court says it follows ethics rules written for lower court judges, its reluctance over the years to embrace a standard for themselves isn’t sitting well with some in the legal community, transparency advocates, and...
Jack Daniel's and Bad Spaniels Spat to Hit High Court
March 10, 2023 19:57 - 27 minutesThe Jack Daniel’s brand is at the heart of the US Supreme Court’s latest intellectual property dispute that pits free speech protections against trademark concerns. Debevoise & Plimpton’s Megan K. Bannigan joins “Cases and Controversies” in search of a middle ground for the justices ahead of arguments March 22. The Tennessee whiskey company says pet toy maker VIP Products is tarnishing its brand with potty-themed dog toys called “Bad Spaniels.” “Jack Daniel’s loves dogs and appreciates a good...
CFPB Challenge Latest in Separation of Powers Remake
March 02, 2023 20:54 - 21 minutesThe Consumer Financial Protection Bureau faces a challenge to its existence in a case the US Supreme Court will take up next term. The US Court of Appeals for the Fifth Circuit ruled the agency’s funding mechanism violates separation of powers principles because it’s paid for by the Federal Reserve, not through legislative appropriations. The Biden administration warns the ruling calls into question “every action” the CFPB has taken since its creation by Congress in the aftermath of the 2008 ...
Minority Borrowers Aim to Influence Court in Loan Case
February 23, 2023 21:00 - 24 minutesGenevieve Bonadies Torres, an associate director with the Lawyers’ Committee for Civil Rights Under Law, joined “Cases and Controversies” podcast to discuss the amicus brief she filed in a pair of cases, Biden v. Nebraska and Dept. of Education v. Brown, set for argument on Feb. 28. The loan relief plan, which is on hold due to litigation, “will eliminate or markedly reduce” payments for millions of lower-income borrowers, many of whom experienced economic hardship during the pandemic, her br...