Supreme Court — Current Events — Columbia Undergraduate Law Review

An Analysis of United States v. Texas: The Commodification of Undocumented Individuals in a Federal and State Government Power Struggle

On November 29, 2022, the United States Supreme Court heard oral arguments for United States v. Texas. A decision from the Supreme Court is expected to be released in June 2023 to either reinstate the Mayorkas Memorandum or vacate it, which would render a larger number of undocumented immigrants subject to deportation by ICE. The case’s ruling will have broad implications for states’ ability to challenge federal immigration policy through the judiciary, including possibly making established legal precedent concerning undocumented immigrants more easily contestable by anti-immigration states.

David HuertaMay 10, 2023immigration, Constitutional Law, Supreme Court

Overseeing the Overseer: The Unchecked Power of the CFPB

The CFPB, a consolidation of seven federal agencies, currently enforces most regulations related to consumer finance. Enforcing consumer protections often invites broad interpretation, giving the agency extensive power over many economic sectors. The agency issues rules, investigates consumer complaints, supervises entities regulated by consumer protections, and takes enforcement action. This power, it seems, has not come with proportional oversight. While the CFPB is not alone in having unaccountable authority granted by Congress, the bureau’s unique characteristics make its constitutionality dubious.

Gustavo AlcantarApril 24, 2023executive power, Supreme Court, consumer protection, Constitutional Law

A Conservative Supermajority on the Supreme Court and its Impact on Affirmative Action

With the Supreme Court’s recent decision in Dobbs v. Jackson’s Women’s Health Organization (2022), where five Supreme Court justices voted to overturn the precedent set by Roe v. Wade (1973), the Court demonstrated a willingness to question, and even overturn, past precedent. Among the contentious cases for this term is Students for Fair Admissions v. President and Fellows of Harvard College, a case concerning affirmative action and discrimination in the college admissions process. Students for Fair Admissions will be the first affirmative action case the Court has decided since it largely upheld the use of race as a factor in college admissions decisions in 2016. However, the current makeup of the Court, of which three Trump-appointed justices have cemented a conservative supermajority, likely represents the end of the constitutionality of affirmative action, with Students for Fair Admissions being a key case in overturning past precedent.