2min chapter

Strict Scrutiny cover image

Open Season on Precedents

Strict Scrutiny

CHAPTER

The Fifth Circuit's Doing Politics and Not Law

This week the all-tramp panel of the fifth circuit held that the method of funding that Congress chose to use for the CFPB is wait for it unconstitutional. The court relied on the appropriations clause of the Constitution which said no money shall be drawn from the treasury but in consequence of appropriations made by law. This is the latest instantiation of originalist hotboxing or maybe like anti-administrative hotboxing or deregulatory hotboxing.

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