NCLA Amicus Brief Calls on en Banc Fifth Circuit to Rein in CPSC’s Unaccountable Power Structure
The en banc Fifth Circuit should end this glaring arrogation of the executive power that Article II of the Constitution vests solely in the President.
- The en banc Fifth Circuit should end this glaring arrogation of the executive power that Article II of the Constitution vests solely in the President.
- It is noteworthy that neither the CPSC itself nor the Fifth Circuit panel majority disputes that conclusion.
- The Fifth Circuit, sitting en banc, should likewise closely follow Humphrey’s Executor and determine that CPSC’s structure and actions are unlawful.
- NCLA urges the en banc Fifth Circuit to both follow Humphrey’s (to the letter) and to encourage that precedent’s downfall.