Legal News for Fri 5/16 - Intel Fights EU Fine, Trump Tests Humphrey's Executor, SEC Staff Cuts Risk Harms and Meta Challenges FTC Monopoly Case Podcast Por arte de portada

Legal News for Fri 5/16 - Intel Fights EU Fine, Trump Tests Humphrey's Executor, SEC Staff Cuts Risk Harms and Meta Challenges FTC Monopoly Case

Legal News for Fri 5/16 - Intel Fights EU Fine, Trump Tests Humphrey's Executor, SEC Staff Cuts Risk Harms and Meta Challenges FTC Monopoly Case

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 This Day in Legal History: SCOTUS Upholds CFPB Funding StructureOn May 16, 2024, the U.S. Supreme Court delivered a major ruling in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd., upholding the constitutionality of the CFPB’s funding structure. In a 7–2 decision, the Court held that the agency’s funding—drawn from the Federal Reserve and not subject to annual congressional appropriations—does not violate the Appropriations Clause of the Constitution. Writing for the majority, Chief Justice Roberts emphasized that the Constitution permits flexibility in funding mechanisms so long as they are authorized by law and subject to congressional oversight in some form. The ruling affirmed the CFPB’s continued ability to regulate financial institutions and enforce consumer protection laws independent of Congress’s annual budget process.The decision marked a significant moment in the Court’s treatment of agency independence, particularly at a time of renewed scrutiny of the administrative state. It was widely seen as a victory for supporters of the CFPB, which had faced ongoing legal and political challenges since its creation under the Dodd-Frank Act in the aftermath of the 2008 financial crisis. However, the case also highlighted the growing skepticism among certain justices—and lawmakers—about the breadth of agency power and accountability.Just one year later, the CFPB’s future is again uncertain. With a new administration openly hostile to the agency and legislative efforts underway to curtail its authority or restructure its funding, the May 2024 decision is already being treated as legal history. Though the Court upheld the agency’s funding, the political battle over the CFPB continues, casting doubt on how long the victory will stand.Intel appeared before the EU General Court to contest a €376 million ($421.4 million) antitrust fine reimposed by the European Commission. The fine stems from the Commission’s 2009 decision, which originally imposed a record €1.06 billion penalty for Intel’s actions that allegedly excluded rival AMD from the market. Though the General Court overturned the majority of that decision in 2022, it upheld a portion related to so-called “naked restrictions”—payments Intel made to HP, Acer, and Lenovo to delay or halt rival products between 2002 and 2006.Intel's lawyer argued that the violations were narrow and tactical, not part of a broader strategy to shut out competitors from the x86 chip market. He claimed the Commission failed to weigh the limited impact of those actions and imposed a disproportionate and unfair fine. The Commission countered that the fine followed established guidelines and represented only a small fraction of Intel’s turnover, asserting that the penalty was appropriate for the seriousness of the conduct.Both sides asked the court to settle the matter by determining the appropriate fine amount. A decision is expected in the coming months.Intel spars with EU regulators over $421.4 million antitrust fine | ReutersA federal appeals court in Washington, D.C., heard arguments in a case that could redefine the U.S. president's authority to remove officials from independent federal agencies. The Trump administration is appealing two lower court decisions that reinstated Democratic officials Cathy Harris to the Merit Systems Protection Board and Gwynne Wilcox to the National Labor Relations Board (NLRB) after President Trump removed them without cause earlier this year. Both boards, which handle labor disputes and federal employee appeals, were left effectively inoperable due to vacancies, with thousands of pending cases.The administration argues that statutory protections limiting removals to “cause” violate the president’s constitutional authority to control the executive branch. Trump’s legal team claims that these agencies exercise substantial executive power and therefore should not be shielded from presidential oversight. The case may hinge on Humphrey’s Executor, a 1935 Supreme Court decision that upheld removal protections for members of independent commissions like the Federal Trade Commission. Conservative judges—including two Trump appointees on the panel—have recently questioned the decision’s reach.If the D.C. Circuit sides with Trump, it could pave the way for a broader dismantling of long-standing removal protections across federal agencies. Legal scholars warn that such a move could give the president far-reaching power to reshape regulatory policy by purging officials who don’t align with the administration’s agenda. The case could ultimately reach the U.S. Supreme Court and lead to a narrowing or overruling of Humphrey’s Executor.US court to weigh Trump's powers to fire Democrats from federal agencies | ReutersData obtained through a public records request reveals that recent buyouts at the U.S. Securities and Exchange Commission (SEC) have...
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