Seila Law LLC v. Consumer Financial Protection Bureau: The Supreme Court Considers Whether an Independent Agency with a Single Director Who Can Be Removed Only “For Cause” is Constitutional

RODGER CITRON

Rodger Citron, Associate Dean for Research & Scholarship and Professor of Law at Touro Law, comments on a case in which the U.S. Supreme Court will hear argument this week that presents the question whether an independent agency with a single director who can be removed only “for cause” violates the separation of powers principle enshrined in the Constitution. Citron notes that the decision to hear the case is unusual in that there is no conflict among the federal appeals courts, but he points out that that the government’s support of the cert. petition and then-Judge Brett Kavanaugh’s dissent on the issue when it came before the D.C. Circuit likely helped the present case come before the Court.

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United States v. Jones

Docket: 19-2134

Opinion Date: March 2, 2020

Judge: Erickson

Areas of Law: Criminal Law

The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to one count of possession with intent to distribute cocaine base. The court held that the district court's application of the sentencing guidelines did not result in impermissible double-counting. In this case, by considering the December 2017 drug quantity under USSG 2D1.1, while also considering defendant's December 2017 supervised release status under USSG 4A1.1(d), the district court did not penalize defendant twice for the same conduct. Rather, the court explained that the district court evaluated the seriousness of the offense and defendant's criminal history.

D. L. v. St. Louis City School District

Dockets: 18-3444, 18-3497

Opinion Date: March 2, 2020

Judge: Erickson

Areas of Law: Education Law, Public Benefits

Plaintiffs filed suit under the Individuals with Disabilities Education Act (IDEA), bringing a due process challenge to the school district's individualized education plan (IEP) and school placement before the Missouri Administrative Hearing Commission. The Commission affirmed the plan and placement, denying reimbursement. The district court reversed the Commission but limited the reimbursement award based on equitable considerations. The Eighth Circuit held that the school district violated the IDEA and the district court erred in limiting the award. As a preliminary matter, the court held that the school district's jurisdictional challenge was without merit; the school district's mootness challenge also failed; and the district court properly placed the burden on plaintiffs in the proceeding before it and correctly stated the standard of review on appeal. On the merits, the court held that the school district denied plaintiffs' son a free and appropriate education as required by the IDEA when it placed him at a school without direct occupational therapy or a sensory diet plan in place to address his autism-related issues. The court also held that an award limitation based on improvements to the school was inappropriate and inconsistent with the purposes of the IDEA because the school district failed to give any notice to plaintiffs. Furthermore, limiting an award based on improvements not communicated to plaintiffs was inconsistent with the IDEA's purpose. Accordingly, the court reversed the district court's limitation of tuition reimbursement and awarded full tuition reimbursement.