Posts tagged Constitutional Law
An Analysis of United States v. Texas: The Commodification of Undocumented Individuals in a Federal and State Government Power Struggle

On November 29, 2022, the United States Supreme Court heard oral arguments for United States v. Texas. A decision from the Supreme Court is expected to be released in June 2023 to either reinstate the Mayorkas Memorandum or vacate it, which would render a larger number of undocumented immigrants subject to deportation by ICE. The case’s ruling will have broad implications for states’ ability to challenge federal immigration policy through the judiciary, including possibly making established legal precedent concerning undocumented immigrants more easily contestable by anti-immigration states.

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Overseeing the Overseer: The Unchecked Power of the CFPB

The CFPB, a consolidation of seven federal agencies, currently enforces most regulations related to consumer finance. Enforcing consumer protections often invites broad interpretation, giving the agency extensive power over many economic sectors. The agency issues rules, investigates consumer complaints, supervises entities regulated by consumer protections, and takes enforcement action. This power, it seems, has not come with proportional oversight. While the CFPB is not alone in having unaccountable authority granted by Congress, the bureau’s unique characteristics make its constitutionality dubious.

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Originalism, Dobbs, and the Unconstitutionality of Roe

In 2018, Mississippi passed the Gestational Age Act, which banned abortion after 15 weeks with only narrow exceptions. [1] Jackson Women’s Health Organization, the only licensed abortion provider in the state, challenged the law in a federal district court. [2] The district court struck down the Mississippi law, and the U.S. Court of Appeals for the Fifth Circuit upheld the lower court’s decision. [3]

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