Changes to Agency Independence and Regulatory Practice

Independent regulatory commissions regularly issue highly consequential regulations, yet they are often held to different standards of regulatory analysis than other agencies. 

However, recent constitutional challenges (SEC v. Jarkesy; Consumers' Research v. CPSC; Seila Law v. CFPB) threaten to change how independent regulatory commissions operate and represent a critical juncture in the evolution of administrative law. As agencies and courts navigate these issues, the balance between administrative efficiency and constitutional law remains a central issue in the ongoing debate over the role of federal agencies in the American legal system.

This panel will discuss these recent decisions and their potential implications across a broad area of legal practices