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The Latest Breaking News from Consumers Research

Fifth Circuit Upholds Injunction Against NLRB Proceedings, Distinguishing Humphrey's Executor

The Court concludes that limitations on the removal of NLRB Board members and NLRB administrative law judges are both unconstitutional.

Reason

Justice Kagan Rejects "Combination Theory" Claims For Separation of Powers Cases

"A meritless public non-delegation challenge plus a meritless private nondelegation challenge cannot equal a meritorious 'combination' claim."

Reason

SCOTUS Holds, In A Footnote, That The "Capable Of Repetition, Yet Evading Review" Doctrine Can Apply Even When Plaintiff Does Not Seek A Preliminary Injunction

Justice Kagan mows down many circuit precedents without much explanation.

Reason

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A Flawed, but Encouraging Nondelegation Decision

The Supreme Court may have reached the wrong result in FCC v. Consumers Research. But ruling emphasizes there are significant constitutional limits to legislative delegation to the executive.

Reason

My private nondelegation article and Reason Foundation amicus brief cited in FCC v. Consumers' Research

Justice Jackson cites my Notre Dame Law Review article, and Justice Gorsuch cites the amicus brief I wrote for the Reason Foundation.

Reason

Supreme Court OKs fee that subsidizes phone, internet services in schools, libraries and rural areas

The Supreme Court has upheld the fee added to phone bills to provide billions of dollars a year in subsidized phone and internet services in schools, libraries and rural areas

The Independent UK

Predictions For The Remaining 15 Cases

Barring any surprises, I do not expect any surprises.

Reason

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The FCC and Its Private Taxman Go to Court

FCC v. Consumers’ Research could dismantle a massive slush fund run by unelected regulators and industry insiders.

Reason

US supreme court may revive doctrine that would curb federal agencies’ power

Nondelegation doctrine is viewed by some as a potentially extreme power grab by unelected rightwing judges

The Guardian - US

Supreme Court Grants Certiorari in Nondelegation Case

A challenge to the FCC's Universal Service Fee could produce a major administrative law decision.

Reason

Rightwinger Leonard Leo helped fuel Bud Light boycott, tax filings show

Exclusive: Documents reveal group linked to Leo gave money to another group that played central role in boycott

The Guardian - US

Tether Accused Of Corruption, 'Suspicious' Business In Times Square Billboard Ad

A consumer-focused nonprofit has accused Tether of "shady" business practices, running an ad campaign on a Times Square billboard that featured a website dedicated to the cause of warning consumers over supposed corruption at the stablecoin giant.

International Business Times

Consumer group launches campaign opposing Duke Energy’s ESG policies

The consumer watchdog organization Consumers Research launched a campaign August 24, opposing the ESG policies in use by North Carolina’s Duke Energy.

Ballotpedia

Big Oil’s War Against ‘Woke Capitalism’

The fossil fuel industry and right-wing activists are increasingly targeting investors that consider environmental and social issues — but is it working?

Capital & Main

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Axios

The battle over "woke" companies is coming to your pocket

Conservative group will text consumers about companies that promote progressive values.

Ballotpedia

Biden vetoes Congressional Review Act resolution that aimed to block ESG retirement plan rule

Economy and Society is Ballotpedia’s weekly review of the developments in corporate activism; corporate political engagement; and the Environmental, Social, and Corporate Governance (ESG) trends and events that characterize the growing intersection between business and politics.

Axios

Conservative group takes anti-ESG campaign to the next level

It calls ESG an "existential threat to our liberty."

Ballotpedia

Florida divests from BlackRock

Last week, the state of Florida, at the direction of Governor Ron DeSantis (R) and State Chief Financial Officer (CFO) Jimmy Patronis, became the latest state to divest funds from BlackRock over its sustainability and ESG policies:

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Axios

Inside a conservative group's new war against BlackRock's ESG investments

The campaign aligns with the posture of a growing faction of the GOP.

People

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