The Democrats, represented by Elizabeth Wydra of the Constitutional Accountability Center, want the full U.S. Court of Appeals for the D.C. Circuit to overturn a panel ruling that struck down the CFPB’s leadership design. In a proposed friend-of-the court brief filed late Tuesday, the Democrats urged the court to restore the agency’s structure.
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With Donald Trump positioned to profit immeasurably from the presidency, the American people are getting a lesson in advanced constitutional law, learning about a clause of the Constitution that many lawyers have never even heard of: the Emoluments Clause.
CAC President Elizabeth Wydra appeared on The Daily Drum with Harold Fisher to discuss the Fourteenth Amendment's guarantee of liberty and equality.
Warren would “be terrific” on the judiciary panel, said Judith Schaeffer, vice president of the liberal Constitutional Accountability Center. She praised Warren’s grilling of Wells Fargo CEO John Stumpf a few months ago as a model of the senator’s ability and willingness to challenge people before the committee. “You want someone who is going to look at the record and ask tough questions,” Schaeffer said. She also pointed to Warren’s statement on Sessions for having “none of this Senate clubby stuff. . . . It was ‘Look at his record. This is of grave concern.’ ”
"It does mean an entrenched conservative majority. but the real impact will be if there are more vacancies opening up in the next few years-- possibly Justice [Ruth Bader] Ginsburg, [Justice Stephen] Breyer or [Justice Anthony] Kennedy," Elizabeth Wydra, president of the Constitutional Accountability Center, told Fox News Chief Legal Correspondent Shannon Bream. "That majority could do things like overturn Roe v. Wade," the 1973 decision legalizing abortion.
Brianne Gorod, chief counsel at the Constitutional Accountability Center, argued in a February 2016 Huffington Post piece that an even-numbered court would promote stalemates. "By hearing cases in which lower courts are divided, the Court can settle the dispute and establish one rule of law to govern the entire nation," she wrote. "But there will be many cases in which the Court cannot do that when it has only eight members. There’s no question that on this sharply divided Court, the potential for 4-4 decisions will be strong."
‘‘These aren’t vacancies that just happened to exist and the president and his office were ignoring them, they exist because the Senate Republicans refused to nominate people or refused to process nominees even from their own party,’’ Judith Schaeffer, vice president of the progressive think tank and public interest law firm Constitutional Accountability Center, told Bloomberg BNA.
Regardless of how quickly the president-elect and the Senate acts, “the earliest we’ll likely see someone confirmed to fill the vacancy is the spring,” Brianne Gorod, of the progressive think tank Constitutional Accountability Center in Washington, told Bloomberg BNA in a Nov. 14 e-mail. That means “most, if not all, of this term’s cases will have been argued before the vacancy is filled,” she said.
Brianne Gorod, chief counsel at the Constitutional Accountability Center, noted that Trump is only filling a seat that was previously held by a conservative. “In the short-term, the result will be to return us to the status quo,” she said. “While it means we’ll have a very conservative court, there will be opportunities for progressive victories.” As for future vacancies, Gorod said, “we’ll have to wait and see.”
"The job of a DC Circuit judge is particularly important because that court hears key cases against the federal government, and thus could serve as a crucial check against any Trump administration abuses of power," said Elizabeth Wydra of the progressive Constitutional Accountability Center, one of the groups that led the charge to get Garland confirmed.
"One of President Obama's legacies is that he left that court markedly different than the way he found it," said Brianne Gorod, chief counsel at the progressive Constitutional Accountability Center.
CAC President Elizabeth Wydra appeared on Background Briefing with Ian Masters to discuss Republicans' strategy of preventing President Obama from appointing Judge Merrick Garland to the Supreme Court and what kind of justices Trump will fill the Supreme Court with.