Andrew Will*
In 1977, former President Richard Nixon sat down for a series of interviews with relatively obscure British television presenter David Frost. See Transcript of David Frost’s Interview with Richard Nixon, Teaching Am. History, https://teachingamericanhistory.org/library/document/transcript-of-david-frosts-interview-with-richard-nixon (last visited Dec. 12, 2019). In Part 3 of the televised series, President Nixon famously told Frost, “Well, when the President does it, that means it is not illegal.” Id. Although referring to matters of national security, Tricky Dick’s words capture the essence of the unitary executive theory. See Tom Head, Unitary Executive Theory and the Imperial Presidency, ThoughtCo., https://www.thoughtco.com/unitary-executive-theory-the-imperial-presidency-721716 (last updated Sept. 17, 2019). Proponents of the unitary executive theory believe that Article II of the Constitution vests the President with all executive power, and they seek to contest any limits to presidential authority. See id. On October 18, 2019, those in the unitary executive’s corner scheduled their latest prize fight. See Amy Howe, Justices to Review Constitutionality of CFPB Structure, SCOTUSblog (Oct. 18, 2019, 3:56 PM), https://www.scotusblog.com/2019/10/justices-to-review-constitutionality-of-cfpb-structure/. Granting certiorari to a Ninth Circuit decision, the Supreme Court agreed to hear a challenge to the statutory restrictions protecting the director of the Consumer Finance Protection Bureau (CFPB) from presidential removal. See id. The Court will now weigh in on a decades-long constitutional bout between the Legislative and Executive Branches. See id. Although independent agencies have survived previous rounds, the Roberts Court seems poised to declare the CFPB down for the count. See id. Continue reading “Seila Law LLC v. Consumer Financial Protection Bureau: A Fixed Fight Reaches the Supreme Court”
University of Baltimore Law Review 