Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,' a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.
The Supreme Court’s first week of arguments this term featured a case that could upend the structure of government — and Justice Elena Kagan made that clear Tuesday. “You’re just flying in the face of 250 years of history,” she told Noel Francisco, who served as Donald Trump’s solicitor general and is now in private practice and pushing to crush the Consumer Financial Protection Bureau on behalf of payday lenders.
” Getting into the practical consequences not only for consumer protection but other government programs too, Kagan told Francisco that it “sure seems that on your view, the Federal Reserve would also be unconstitutional.” Underwhelmed by his attempt to distinguish the CFPB from other agencies that could fall if he wins, Kagan went on to add that “the FDIC, the OCC, they also fail your test.
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