“Gordon v. CFPB” Provides a Good Vehicle to Rein in Executive Branch Authority

CFPB[Ed. Note: For more on the Gordon cert petition, watch WLF’s May 22 press conference, which featured former Solicitor General Gregory Garre, at our YouTube channel.]

The US Constitution imposes important checks on the exercise of executive power by the federal government.  In particular, Article II specifies that executive power may be exercised only at the behest of properly appointed “officers” of the United States, and it sets forth detailed requirements for the appointment and Senate confirmation of such officers.  However, a recent decision from the US Court of Appeals for the Ninth Circuit threatens to undermine those checks on federal power by permitting the Executive Branch to retroactively ratify actions taken by officials not properly appointed as “officers.”  The Supreme Court should review and overturn the appeals court decision, which is the subject of a pending certiorari petitionGordon v. Consumer Financial Protection Bureau, Case No. 16-673.  Washington Legal Foundation represents Mr. Gordon in the Supreme Court. Continue reading ““Gordon v. CFPB” Provides a Good Vehicle to Rein in Executive Branch Authority”