Consumers' Research; By Two, L.P. v. Consumer Product Safety Commission, Amicus Curiae Brief of Separation of Powers Clinic in Support of Rehearing En Banc

Abstract

The Court should grant rehearing because the panel majority’s opinion is inconsistent with the Court’s decision in Jarkesy v. SEC, as well as the Supreme Court’s decisions in Seila Law LLC v. CFPB, and Humphrey’s Executor v. United States.

If an agency exercises executive power (or at least “substantial” executive power), then it cannot fall within the Humphrey’s Executor exception.

Keywords: Separation of Powers, Constitutional Law, Administrative Law, Removal Power, Unitary Executive Theory, Consumer Product Safety Commission, Federal Trade Commission

JEL Classification: H1, H10, H11, K23