Page 2 - Cfpb Case News Today

Businesses to have an equal playing field. but in u.s. telcom association, in your own opinion, you went out of your way to dissent against the protections. this was the full d.c. court against you. the rules were uphold by a panel of judges appointed by presidents from both parties. and here you relied on something else that you came up with called the major rules doctrine. i know its been mentioned in a 2015 case, but in claiming that the fcc lacked authority to issue net neutrality rules beca...

And the senators get about two questions in to the details, and the nominee starts telling -- talking about the case in a way the senator obviously doesnt know enough. >> and the senator wants to move on and ask another question because hes out of his depth. >> except on the abortion one, senator durbin did say, jake, to your point, that if you followed that dissent, youd be adding perhaps another requirement on a woman who was seeking abortion. so at least there was a little bit more. i think w...

Stability and predictability and reliance, interests that are protected by the law. so there are a number of things that go into making a good judge. a work ethic. its hard work to dig in and find the right answer in a particular case. i think thats critically important as well. judicial temperament. there are a lot of factors that go into it, and thats -- those are some of them. im sure there are more. >> one of the things i was looking at, its striking, both the overheated rhetoric we have hea...

Traditional humphries executor agencies. the concern i explained with the single director independent agency goes back to your point about federalist 47, which is if you have an independent agency thats completely unaccountable to congress or unaccountable to congress or the president and its one person in charge, that becomes an extremely powerful position. >> okay. but social security has been like that for a long time. so my issue is when we were talking about executive power, you talked abou...

Cited your opinion in arguing to have these charges thrown out. does that concern you at all? >> our case dealt with contribution limits. so thats what i was opining on in that case. so im not sure that there are -- the state of the law on the expenditure limits was not before us in that case. so i dont want to opine on expenditure limits. you should know that opinion was cited by -- >> well, i dont know if it was cited -- well, i dont want to talk about a pending case. my case i upheld. importa...

>> senator that is a pending case. i cannot talk about it. >> okay. this is just my concern because of this expansive view of executive power and where it brings us. i want to move on to consumer issues. in 2016 you wrote an opinion that was later overturned by the full d.c. circuit. you found the consumer financial protection bureau unconstitutional. the majority recognized that millions of people were recognized by the financial crisis and they upheld this bureau and we know now in real time t...

That really is a question for the house and the senate. >> let me move on. this is about actual opinions and really along the same lines that i know senator coons will talk to you about. but in the seven sky v. holder case, i quote, this is you, "under the constitution, the president may decline to enforce a statute that regulates private individuals when the president deems the statute unconstitutional even if a court has held or would hold the statute constitutional. so you told me when we had...

Branch of our government and they pose a threat to civil liberty. so as a follow, do you think the other independent agencies are constitutionally suspect? >> the supreme court is obvious upheld since 1935 humphries executive decision that the concept and practice of independent agencies. on the cfpb decision, the structure of that agency deviated from the traditional historical practice of independent -- >> you think the humphries case of 80 years ago is correctly decided? >> its a precedent of...

In the second case, you also dissented in the anthem case last year. your opinion would have allowed a merger between two of the four nationwide health insurance providers, which was eventually blocked because it would lead to higher prices for healthcare in the long-term and what was viewed as poor quality insurance. here you went a step farther than whole foods. instead of trying to raise the bar on what the government would have to prove to block a merger, you also tried to lower the bar for ...

Discussion with senator lee. you think a good judge would grant a continuance to someone that received 42,000 documents on the day before the start of a trial? >> senator, thats a decision for the committee. im not familiar with the circumstances of the document. on the solicitor general, with chief justice roberts, it was not an active case. it was four years of documents from the time he was solicitor general from 1989 to 1993. it was my understanding it was those documents. my point is, its n...