Page 3 - Cfpb Case News Today

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

Candidates, nominees from president -- republican presidents have learned a lot about how to deal with the hearings. when you heard kavanaugh say as he did, talking about the parties to the case that theyre flesh and blood human beings and we need to have empathy for them and real world consequences of the court are very important. as a political matter, great stuff. a legal matter, its nonsense. were youre an appellate judge and an issue comes before you, the issue is not the parties. youre to ...

It further down that path starting with the 2008 whole foods case where they attempted to buy wild oats markets. very complicated. im going to the guts of it from my opinion. the majority of courts and temperature -- what happened here is republican majority ftc challenges a deal and then you dissent. you apply your own pricing test to the merger. my simply question is where did you get this pricing test. >> i would have affirmed the decision by the district judge in that case which allowed the ...

President can continue to ignore a law even after a court upholds it like you said in seven sky? >> ignore is not the concept there as i think we discussed when we met. when had a good back and forth on that. the concept is prosecutorial discretion. thats the concept that i referred to in aiken county opinion to explain the foot note youre referencing. in prosecutorial discretion is firmly rooted in the united states versus richard nixon case says the executive branch has the exclusive authority...

Allowing small businesses an consumers to have an equal playing field. but in your own person, you went out of your way to dissent against the protections. this was the full d.c. court against you. the rules were upheld by a panel of judges appointed by presidents from both parties. here you relied on something else you came up with something called the major rules doctrine. its been mentioned in a 2015 case. in claiming that the fcc lacked authority to issue net neutrality rules because they we...

Internet, allowing consumers and small businesses to have an equal playing field. but in u.s. telecom association vfcc, in your own opinion you went out of the way to dissent. this is the full d.c. court against you. the rules were upheld by a panel of judges appointed by presidents from both parties. here you relied on something else that you came up with called the major rules doctrine. and i know its been mentioned in a 2015 case, but in claiming that the fcc lacked authority to issue net neu...

The dastardly if theres a way to differentiate. >> but just to underscore, that was a proposal to be considered, it was not a constitutional position. i did not take any constitutional position on the issues youre raising. i want to underscore that. if a constitutional question came to me, i would have an open mind and decide that. >> there isnt any clear text in the constitution that speaks to the question, so instead these are your own recommendations based on your own views and experience. wo...

When and how to enforce particular laws. who is protected by prosecutorial discretion? ultimately it protects individual liberty. and then even when the congress has passed a law and the executive has enforced a law, that dudsant mean you go straight to prison. you go -- if youre charged with a crime, you go before an independent judiciary. and just to add further protections for liberty, you have a -- the jury protections that are in the original text of the constitution and also reflected in t...

The document is chock full of protections with individual liberty and that is ultimately why the separation of powers matters, as much as the individual protections that are in the bill of rights, and also in article 1 section 9 article 1 section 10 of the original constitution. >> how about the doctrine of federalism? thats been an issue you havent encountered as much serving on the d.c. circuit, but can you share with this committee why federalism matters? and again, why americans watching thi...

Low-level marijuana offenses go in terms of an exercise of prosecutorial discretion. >> but if a court has held a statute constitutional, do you believe that a president should have to enforce it? >> so, for example, lets talk about, for example, the marijuana laws. those are constitutional, but a u.s. attorney or the attorney general could say were not going to devote our resources to low-level marijuana offenses. those are perfectly constitutional. >> let me try another example for you, the te...