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BG&A files amicus brief on behalf of constitutional law scholars challenging citizen suits in Detroit energy case

Boyden Gray & Associates filed a brief today on behalf of constitutional law scholars Richard Epstein and Jeremy Rabkin in the case U.S. et al. v. DTE et al., No. 10-13101 (E.D. Mich. July 30, 2020). The brief argues that citizen suits allow private parties to enforce public rights without constitutionally required executive supervision, and thus infringe on core executive…

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BG&A Files Amicus Brief in Seila Law v. CFPB

On December 16, 2019, BG&A and its co-counsel O’Melveny & Myers filed an amicus brief in Seila Law v. Consumer Financial Protection Bureau (CFPB) (S. Ct. No. 19-7), on behalf of the State National Bank of Big Spring Texas, the Competitive Enterprise Institute (CEI), and the 60 Plus Association. BG&A, led by Founding Partner C. Boyden Gray, together with O’Melveny…

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C. Boyden Gray Testifies Before the House on RMBS Settlements and Congress’ Power of the Purse

Former White House Counsel C. Boyden Gray testified Thursday before the Subcommittee on Oversight and Investigations of the House Committee on Financial Services, regarding Congress’ power of the purse. Recent Justice Department mortgage settlements related to banks’  conduct during the financial crisis with respect to residential mortgage-backed securities provided the backdrop for the hearing. Several of those settlements, among other things, direct banks to make payments…

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The Pendulum of Executive Power

Boyden Gray recently spoke with CBS News about the brief he filed in the Supreme Court’s recess appointment case, Noel Canning v. NLRB, and about the cyclical nature of executive branch expansion (typified by President Wilson) and contraction (typified by President Coolidge): “So the pendulum swings back and forth and back and forth, and I think the Congress will at some point…

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