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President Trump, whose reflex for pugnacity has its uses, threw a vicious and entirely fair constitutional body check when he named OMB Director Mick Mulvaney acting director of the Consumer Financial Protection Bureau. It is exactly how constitutional conflicts are supposed to be resolved: power...

Yesterday the justices heard oral argument in Carpenter v. United States, which asks whether the government must obtain a warrant before obtaining cell-site-location information from cellphone service providers. Amy Howe has this blog’s argument analysis, which first appeared at Howe on the Court. Additional coverage...

The petition of the day is: FTS USA, LLC v. Monroe 17-637 Issues: (1) Whether the Fair Labor Standards Act and the due process clause permit a collective action to be certified and tried to verdict based on testimony from a small subset of putative plaintiffs without either...