Formalism Resurgent? Seila Law v. CFPB

The Supreme Court has a new mixed drink: it’s five parts formalism to four parts functionalism, with a dash of Humphrey’s Executor. This new drink was on full display in Seila Law LLC v. CFPB, in which five Justices concluded that Congress violated the separation of powers when it placed limits on the president’s power to fire the CFPB’s director. Those five Justices used what’s called the “formalist” approach, prevailing over the competing “functionalist” approach adopted by the four dissenting Justices. Throughout history, the Court has oscillated between formalism and functionalism, especially in cases involving the president’s power to remove public officials. For the latter half of the 20th century, functionalism appeared to be the dominant approach to removal-power cases—until two recent decisions from the Roberts court. Might formalism now be seeing a resurgence?

60-Second Circuit Summaries

A collection of significant and strange cases decided by the federal courts of appeals this week. Each summary delivered in a minute or less: ten cases, ten minutes. On the docket this week was criminal law and voting rights at SCOTUS, Medicaid funding, immigration, conflicts of interest, and Katy Perry.

60-Second Circuit Summaries

A collection of significant and strange cases decided by the federal courts of appeals this week. Each summary delivered in a minute or less: ten cases, ten minutes. On the docket this week was state secrets at SCOTUS, capital punishment at SCOTUS, abortion at SCOTUS, the U.S. Navy, the IRS, and a local judge in Massachusetts.

60-Second Circuit Summaries

A collection of significant and strange cases decided by the federal courts of appeals this week. Each summary delivered in a minute or less: four cases, four minutes. On the docket this week was copyright law at SCOTUS, abortion, the Postal Service, and mysterious fires.

60-Second Circuit Summaries

A collection of significant and strange cases decided by the federal courts of appeals this week. Each summary delivered in a minute or less: seven cases, seven minutes. On the docket this week was United’s vaccine requirements, turpitude, identity theft, and cryptocurrency.

60-Second Circuit Summaries

A collection of significant and strange cases decided by the federal courts of appeals this week. Each summary delivered in a minute or less: six cases, six minutes. On the docket this week was voting rights at SCOTUS, qualified immunity, national forests, and profane T-shirts.

60-Second Circuit Summaries

A collection of significant and strange cases decided by the federal courts of appeals this week. Each summary delivered in a minute or less: seven cases, seven minutes. On the docket this week was housing in Oakland, free speech, Title IX, and magic mushrooms.

60-Second Circuit Summaries

A collection of significant and strange cases decided by the federal courts of appeals this week. Each summary delivered in a minute or less: eight cases, eight minutes. On the docket this week was retirement plans at SCOTUS, COVID-19, predatory lending, and visas for geniuses. We also honor Justice Stephen Breyer, who announced his retirement after nearly 28 years on the U.S. Supreme Court.

What We’re Reading

Here is some of the legal scholarship Benchwarmers is reading this week. Topics include federal Indian law, education, personal jurisdiction, and appellate certification of state law questions. Articles sourced from the latest issues of the Boston University Law Review, the Emory Law Journal, and the Northwestern Law Review, as well as last month’s issue of the Duke Law Journal.

60-Second Circuit Summaries

A collection of significant and strange cases decided by the federal courts of appeals this week. Each summary delivered in a minute or less: seven cases, seven minutes. On the docket this week was lots of stuff at SCOTUS, government speech, the Second Amendment, and lawn signs.

60-Second Circuit Summaries

A collection of significant and strange cases decided by the federal courts of appeals this week. Each summary delivered in a minute or less: 10 cases, 10 minutes. On the docket this week was COVID-19 vaccine requirements at the Supreme Court, education, wrongful deaths, and trains.