How to keep the courts out of administrative decisions

Attorney Domenic Powell worked for the Consumer Financial Protection Bureau until today, when the Trump administration sort of canceled it. Ironically, this CFPB attorney wrote about how to court-proof administrative branch decisions. That was in December, before the onslaught of Trump-DOGE activities that have mostly ended up in court. Powell joined the Federal Drive with Tom Temin to discuss. Interview transcript: Tom Temin: And we should also point out that you are a fellow of the American Bar Association, specializing in regulatory affairs and administrative procedures. First of all, tell us…

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Why the Fifth Circuit Keeps Making Such Outlandish Decisions

Where to even start in cataloging the most ridiculous—and alarming—recent rulings to come out of the U.S. Court of Appeals for the Fifth Circuit? There’s a case about whether a class action could go forward that boiled down to a dispute among three Fifth Circuit judges over the meaning of a Bible verse. There’s a case in which the Fifth Circuit allowed three doctors to sue the FDA over a tweet intended to discourage ivermectin use that read, “You are not a horse. You are not a cow. Seriously, y’all.…

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