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#statutory

2 posts2 participants0 posts today
Joseph Lim :mastodon:

#LawlessInAmerica

#Federal #Judge Halts CFPB Purge
"acting #CFPB chief legal ofcr Paoletta gave all instructions on the #masspurge.. attempting to #exploit #loophole opened by an appeals court allowing CFPB to reduce its force, but only aft a “particularized assessment” of each employee & whether force reductions & stoppage of work wld affect any #statutory #obligations.. Paoletta said tt “leadership would assume the risk” of violating the court order"🧐⚖️
prospect.org/justice/2025-04-1

The American Prospect · Federal Judge Halts CFPB Purge AgainDOGE was apparently part of the effort to hobble the agency, along with Clarence Thomas pal Mark Paoletta. For the moment, the firing of 1,483 workers is on hold.
Continued thread
Nonilex

The job of explaining these duties to the board fell to Nathan Edwards, a lawyer from the Washoe DA’s office. “You are canvassing the vote today,” he began, using the formal term for reviewing the #election process. But then he began to interpret the #statutory language in way that surprised Andriola. “There’s been a lot of talk about whether this is ‘ministerial’ or ‘not ministerial,’” he said. But the state #law contained elements of both:

*
Chuck Darwin

#Is the #Debt #Limit #Constitutional?

The 14th Amendment states that “the #validity of the #public #debt of the United States, #authorized #by #law ... #shall #not #be #questioned.”

Some legal scholars contend #that #language #overrides the #statutory #borrowing #limit, which currently caps federal debt at $31.4 trillion and requires congressional approval to raise or lift.

“The Constitution’s text bars the federal government from defaulting on the debt — even a little, even for a short while,” Garrett Epps, a constitutional scholar at the University of Oregon’s law school, wrote in November. “There’s a case to be made that if Congress decides to default on the debt, the president has the power and the obligation to pay it without congressional permission, even if that requires borrowing more money to do so.”

Other legal scholars say the limit is constitutional. “The statute is a necessary component of Congress’s power to borrow and has proved capable of serving as a useful catalyst for budgetary reform aimed at debt reduction,” Anita S. Krishnakumar, a Georgetown University law professor, wrote in a 2005 law review article.

The president has repeatedly said it is the job of Congress to raise the limit to avoid an economically catastrophic default.

Top officials, including Ms. Yellen and the White House press secretary, Karine Jean-Pierre, have sidestepped questions about whether they believe the Constitution would compel the government to continue borrowing to pay its bills after the X-date.

nytimes.com/2023/05/02/us/poli

The New York TimesIs the Debt Limit Constitutional? Biden Aides Are Debating It.By Jim Tankersley
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