3/30/20  //  In-Depth Analysis

HHS has recently tried to essentially repeal an important rule that prevents the Department from discriminating across its many programs. But, as contributor Harper Jean Tobin explains, its rule making is both substantively and procedurally illegal.

12/5/19  //  Uncategorized

First, real talk: yes, Versus Trump really did get a shoutout at the impeachment hearings on Wednesday! More on that next week. But on this week’s Versus Trump, Jason and Charlie discuss two guns cases. Listen now!

9/5/19  //  In-Depth Analysis

This week on Versus Trump, Jason discusses the continuing illegal intransigence of the Department of Education, with Eileen Connor and Toby Merrill of Harvard's Project on Predatory Student Lending. Listen now!

4/11/19  //  In-Depth Analysis

This week on Versus Trump, Jason and Charlie talk with special guest Greer Donley, a law professor at University of Pittsburgh School of Law, to talk about the latest developments in litigation related to Obamacare, including the stunning DOJ reversal in Texas, and recent decisions prohibiting states from adding work requirements to Medicaid. Listen now!

1/7/19  //  Latest Developments

Here's how Congress can address America's monopoly problem

1/5/19  //  In-Depth Analysis

By Marshall Steinbaum: It’s time for Congress to re-take control over antitrust and stop letting right-wing judges and cowed enforcers set the agenda

1/28/18  //  Daily Update

In a memo to CFPB staff, acting director Mick Mulvaney expressed plans to move away from his predecessor's "good guys" fighting "bad guys," approach to one in which the agency conducts enforcement with "humility and prudence." The Bloomberg Editorial Board argued that the CFPB's plan to reconsider payday lending rules is misguided.

1/14/18  //  Daily Update

The CFPB released its sixth annual report to Congress on college credit card agreements, which departs from past reports in taking schools to task for failing to meet their obligation under the CARD Act to publicly disclose their college credit card marketing agreements.

12/4/17  //  Daily Update

A legal battle over who is the rightful acting director of the CFPB prompted widespread debate.

11/26/17  //  Daily Update

The Trump administration filed suit to block the AT&T/Time Warner merger. Mick Mulvaney, of OMB, may soon head the Consumer Financial Protections Bureau.

11/6/17  //  Daily Update

CFPB Director Richard Cordray called on President Trump to veto Congress' override of CFPB's arbitration rule allowing for class-action suits against financial firms.

10/31/17  //  Daily Update

The Administration continued advancing its deregulatory agenda, repealing regulations on commercial drones and deceptive practices in livestock production.

12/21/18  //  In-Depth Analysis

In the early 20th century, the FTC investigated whole sectors of the economy to identify abuses of power. It should do so again.

7/13/17  //  Commentary

On this week’s episode of Versus Trump, Charlie and Easha discuss the cases against Trump University, the global settlement that was reached, and whether the pending challenge by a lone objector can—or should—alter the result. Listen now!

4/14/17  //  Commentary

Education Secretary Betsy DeDos has jettisoned memos that hold student loan services accountable for past performance. That hurts everyone except her buddies in the loan servicing industry.

4/12/17  //  Commentary

There's been a stunning development in the pending D.C. Circuit case about the CFPB's constitutionality: DOJ has recently filed a brief in another separation-of-powers case that directly and irrefutably contradicts the main argument in its brief attacking the CFPB.

9/7/17  //  Commentary

On this week’s episode of Versus Trump, as summer ends and a new school begins, we re-air Jason's interview with Toby Merrill, the director of the Project on Predatory Student Lending at Harvard Law School, about several lawsuits she's involved with against newly-confirmed Secretary of Education Betsy DeVos. We'll be back soon with new episodes.

5/23/17  //  In-Depth Analysis

More reasons why the D.C. Circuit should not rely on the CFPB’s purported novelty to suggest the CFPB is unconstitutional

5/24/18  //  Commentary

On this week's episode of Versus Trump, Easha, Charlie, and Jason discuss the Fifth Circuit's recent decision striking down the so-called "Fiduciary Rule" that would have required those who sell retirement investment products in 401(k) plans to act in the best interests of their clients. Listen now!

4/26/17  //  Commentary

Just 100 days into the Trump Administration—the Administration that gave rise to the concept of #AlternativeFacts—there is reason to worry that facts don’t matter to the Justice Department now led by Trump’s Attorney General, Jeff Sessions.

12/6/18  //  In-Depth Analysis

By Mark Totten: A quick dive into the data shows Mulvaney has curbed enforcement and, as a result, compromised the agency’s mission.

3/20/17  //  In-Depth Analysis

Although Judge Gorsuch is often described as "good" for the separation of powers, on key issues he is a formalist and would take a decisively pro-presidential view.

1/1/19  //  In-Depth Analysis

By Robert H. Lande: To preserve competitive markets, Congress should block mergers between our largest companies.

8/24/17  //  Commentary

On this week’s episode of Versus Trump, Jason and Charlie talk about the Trump Administration's position in a lawsuit contending that the structure of the Consumer Financial Protection Bureau—commonly known as the CFPB—is unconstitutional, because its sole director does not serve at the pleasure of the President but instead serves a set term and can be terminated only for-cause. Listen now!

8/3/17  //  Uncategorized

On this week’s episode of Versus Trump, Jason has an interview with Toby Merrill, the director of the Project on Predatory Student Lending at Harvard Law School, about several lawsuits she's involved with against newly-confirmed Secretary of Education Betsy DeVos. Listen now!

8/23/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about an unusual and surprising case where the Trump Administration has filed a brief in support of fair housing advocates who have sued Facebook for its part in enabling discriminatory advertising. Listen now!

11/24/17  //  In-Depth Analysis

Under Dodd-Frank, now that Richard Cordray has resigned as Director, the CFPB’s Deputy Director is the Bureau’s acting Director. President Trump may decide he doesn’t care what Dodd-Frank says, but he doesn’t get the final say.

5/19/17  //  Commentary

The major constitutional challenge to the Consumer Financial Protection Bureau rests on the claim that the President of the United States does not have enough power over the agency.

5/22/17  //  In-Depth Analysis

This two-part series explains why the CFPB’s purportedly novel structure is not a sign that the CFPB’s structure is unconstitutional.

12/12/17  //  Commentary

What exactly does it mean for the Federal Trade Commission to take on net neutrality?

4/17/17  //  In-Depth Analysis

DOJ's brief attacking the CFPB is riddled with alternative facts and offers a fictional history of the separation of powers. It may inflict lasting damage on DOJ's credibility. And the implications of DOJ's position for the SEC, Federal Reserve, and U.S. Postal Service, among other federal agencies, are alarming.

6/8/17  //  Commentary

On a new episode of Versus Trump, Take Care's podcast, Easha, Jason, and Charlie discuss Congress's role and powers in investigations of the Executive. Then, Jason talks with Steven Wu, a Deputy Solicitor General in the Office of New York Attorney General Eric Schneiderman, about the case against Trump University, the active role of states in recent years, and other issues in which New York is adverse to the President. Listen now!

12/24/18  //  In-Depth Analysis

Waller Spencer: In reforming antitrust law, Congress must focus on the big picture, not the minutiae. Here's how it can do so.

12/31/18  //  In-Depth Analysis

Organized labor plays a vital role in balancing corporate power—but antitrust law has historically inhibited workers’ collective action. That must change.

3/28/17  //  In-Depth Analysis

Ultimately, this Administration’s re-examination of the Obama-era Department of Labor fiduciary rule looks like little more than a gift to the retirement services industry at the expense of workers and retirees.

12/18/18  //  In-Depth Analysis

Four key steps to creating an antitrust regime that redresses the current market power crisis and prevents its recurrence

7/5/17  //  Commentary

The Trump Administration has quietly retreated from (and sought to undo) an effort by the Centers for Medicare and Medicaid Services to push back on mandatory arbitration.

4/13/17  //  Commentary

The future of the CFPB remains murky. With political attacks and judicial challenges piling up, here's what you need to know about the path ahead for Elizabeth Warren's crowning achievement.

2/22/18  //  Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie discuss what's going on in courts related to gun regulation. They focus on one set of Versus Trump lawsuits in this area: suits by the Gabby Giffords Law Center to Prevent Gun Violence requesting any Trump Administration records that would show the influence of the gun lobby on the Administration. Listen now!

12/20/18  //  In-Depth Analysis

The FTC and DOJ have welcomed corporate consolidation and monopolization, but targeted workers and small proprietors who organize

4/23/17  //  Daily Update

The Consumer Financial Protection Bureau continues to be challenged by the Trump administration.

7/16/17  //  Daily Update

While a new CFPB rule prohibits consumer arbitration clauses in financial services, a proposed CMS rule would eliminate similar protections for nursing home residents.

4/16/17  //  Daily Update

News regarding the Consumer Financial Protection Bureau dominated the week of April 10th.

3/26/17  //  Daily Update

This week, President Trump’s administration rolled back protections for those in student loan default.

7/30/17  //  Daily Update

The FTC is poised to pull back on enforcement and the House of Representatives voted to repeal CFPB's rule that would protect consumers' rights to sue banks in class actions.

4/30/17  //  Daily Update

FCC Chairman Ajit Pai’s proposed plans to roll back Obama-era net neutrality rules have attracted heavy criticism.

3/16/17  //  Daily Update

Since Trump took office, bitter fights have erupted within the federal government about the future of consumer protection. Here are some useful analyses of the story thus far.

8/6/17  //  Daily Update

Resource constraints at the FDA are impacting the agency's ability to monitor imported cosmetics.

6/25/17  //  Daily Update

The Treasury moves to reform regulations under Dodd-Frank, portending a future crisis.

7/30/17  //  Daily Update

Commentators are anticipating a pullback in the FTC's enforcement efforts under new leadership.

4/9/17  //  Daily Update

A case challenging the constitutionality of the Consumer Financial Protection Bureau's structure continues in the DC Circuit.

6/18/17  //  Daily Update

The Trump Administration will recommend limits be placed on the Consumer Financial Protection Bureau.

10/1/17  //  Daily Update

The Senate approved the new Antitrust Chief for the DOJ. The FCC declared that the mobile wireless market is effectively competitive.

6/4/17  //  Daily Update

Analysis continues of the DC Circuit's en banc hearing of the constitutionality of the CFPB.

4/2/17  //  Daily Update

The future of proposed legislation to weaken the CFPB is uncertain.

8/27/17  //  Daily Update

CFPB director Richard Cordray defends the agency’s rule banning mandatory arbitration clauses in financial contracts.