The constitional challenge has been filed by a Texas bank, alleging, a C. Boyden Gray suggested might be the way to go - that Dodd-Frank violates the nondelegation doctrine.  That doctrine has only had, rather famously, one good year and 200 bad ones (the Supreme Court invoked it twice in 1935, just before the "switch in time that saved 9").  And the bank will have all sorts of standing problems getting to the merits.  But still, these days, big signature legislation might be a bit more constitutionally suspect than you thought.  The complaint is here.

Administrative Law, Financial Crisis, Financial Institutions | Bookmark

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