From around the internet

Free Speech, Civility

Recently, Federal Judge, Kyle Duncan, was invited to speak at the Stanford Law School by the student Federalist Society. Judge Duncan graciously accepted the invitation, but was unable to deliver his remarks because a group of students protested the event by, in part, shouting down the Judge. The disruptive students were aided in their efforts by some administrators. This week, a video surfaced of the encounter, prompting Stanford Law School to issue an apology to the Judge, acknowledging that the students and administrators violated the school’s free speech policies. Whether you agree with the Judge’s judical philosophy or not, we should all be able to agree that a sitting federal judge should be given respect, and law schools should be insisting on civility and the respect for free speech. It is good that the law school apologized. Let’s hope the students learned a lesson. You can read about and watch video of the encounter here.

Separation of Powers

The U.S. Supreme Court has agreed to hear, in the next term, an interesting case that has implications for separation of powers. The case involves Congress’s “power of the purse” under the Constitution’s Appropriations Clause. That power is designed to be a check on the other branches of government. In exercising its oversight, Congress can withhold appropriations from the executive and judicial branches. After the 2008 financial crisis, Congress created the Consumer Financial Protection Bureau (CFPB) to regulate the finance industry. Congress funded the new agency using fees collected through the Federal Reserve. Going through the Fed, that funding is not subject to Congressional appropriation or oversight. The plaintiffs argue that such a funding mechanism violates the Constitution’s Appropriations Clause. Last year, the 5th Circuit Court of Appeals agreed. The U.S. Supreme Court will decide in the upcoming October term. You can read more about the case here.