During the Reagan Administration, C. Boyden Gray played a key role in establishing checks on executive agencies that continue to this day. Boyden Gray & Associates continues that project by combating the expansion of administrative power in so-called independent agencies and other Executive Branch agencies and by defending Congress’s lawmaking prerogative and its power of the purse against excessive delegation.
The firm has challenged the constitutionality of the Consumer Financial Protection Bureau (CFPB) since its inception because the Bureau’s single director is unremovable by the President and unconstrained by Congress’s power of the purse.
- Reply in Support of Certiorari, State National Bank of Big Spring v. Mnuchin, No. 18-307 (S. Ct. Dec. 21, 2018)
- Petition for Writ of Certiorari, State National Bank of Big Spring v. Mnuchin, No. 18-307 (S. Ct. Sept. 6, 2018)
- Brief of Amicus Curiae State National Bank of Big Spring et al., PHH Corp. v. CFPB, No. 15-1177 (D.C. Cir. Mar. 10, 2017)
- Motion for Summary Judgment, State National Bank of Big Spring v. Lew, No. 12-1032 (D.D.C. Nov. 6, 2015)
- Brief of Private Plaintiffs-Appellants, State National Bank of Big Spring v. Lew, Nos. 13-5247, 13-5248 (D.C. Cir. Feb. 11, 2014)
- Brief of Amici Curiae State National Bank of Big Spring et al., Noel Canning v. NLRB No. 12-1281 (S. Ct. Nov. 25, 2013)
- Complaint, State National Bank of Big Spring v. Wolin, No. 12-1032 (D.D.C. Feb. 19, 2013)
C. Boyden Gray has defended the President’s constitutional power to subject so-called independent agencies to cost-benefit analysis and centralized White House review.
- GRAY: The President’s Constitutional Power to Order Cost-Benefit Analysis and Centralized Review of Independent Agency Rulemaking, Mercatus Working Paper (2017)
The firm has been involved in several important cases exploring the constitutional limits on Congress’s delegation of legislative power to administrative agencies and the courts’ deference to agencies’ statutory and regulatory interpretations.
- Brief of American Action Forum as Amicus Curiae in Support of Rehearing En Banc, Bible v. United Student Aid Funds, No. 14-1806 (7th Cir. Sept. 8, 2015)
- Brief of the Cato Institute, the Competitive Enterprise Institute, and the Judicial Education Project, Perez v. Mortgage Bankers Ass’n, Nos. 13-1041, 13-1052 (S. Ct. Oct. 16, 2014)
- Brief of the Center for the Rule of Law, Dep’t of Transportation v. Ass’n of Am. Railroads, No. 13-1080 (S. Ct. Sept. 29, 2014)
- GRAY: The Nondelegation Canon’s Neglected History and Underestimated Legacy, 22 Geo. Mason L. Rev. 619 (2015)
- GRAY: Congressional Abdication: Delegation Without Detail and Without Waiver, Harvard Journal of Law and Public Policy (2013)
- GRAY: The Search for an Intelligible Principle: Cost-Benefit Analysis and the Nondelegation Doctrine, 5 Tex. Rev. of L. & Politics 1 (2000)
- WHITE: Perez v. Mortgage Bankers: Heralding the Demise of Auer Deference?, Cato Supreme Court Review 333 (2015)
- GUSTAFSON (moderator): The Future of Seminole Rock Deference? Analyzing the Oral Argument in Kisor v. Wilkie, ABA Administrative Law & Regulatory Practice Teleconference (Apr. 3, 2019)
- VARCOE: Courthouse Steps Oral Argument, Kisor v. Wilkie, Federalist Society Teleforum (Mar. 27, 2019)
- CONDE: Courthouse Steps Preview: PDR Network, LLC v. Carlton & Harris Chiropractic, Federalist Society Teleforum (Mar. 12, 2019)
- VARCOE: A Most Unusual Brief From the Solicitor General: Threading the Needle on Auer Deference, Federalist Society Blog, Mar. 8, 2019
- WHITE: Congress and the New Administrative State: Remarks Prepared for the Heritage Foundation’s “Red Tape Rising” Discussion (Apr. 2, 2014)
The firm has defended Congress’s power of the purse by testifying in Congress and by challenging settlements that empower agencies to direct taxpayer dollars to expenditures that Congress has declined to fund.
- Comments In Re Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, Case No: MDL No. 2672 CRB (JSC), and D.J. Ref. No. 90-5-2-1-11386 (Aug. 5, 2016)
- GRAY: Allocation of Funds Collected Under the Affordable Care Act’s Transitional Reinsurance Program Between Treasury And Reinsurance-Eligible Issuers (May 23, 2016)
- GRAY: Settling the Question: Did Bank Settlement Agreements Subvert Congressional Appropriations Powers? Hearing Before the H. Comm. on Financial Services, Subcomm. on Oversight and Investigation (2016)