Jeff Gordon at CLS
@jeff-at-cls.bsky.social
38 followers 38 following 97 posts
Law Professor: Corp. Gov, M&A, Fin Reg.
Posts Media Videos Starter Packs
jeff-at-cls.bsky.social
Or -- to make a phrase: "Disney cancels Kimmel. We cancel Disney."
jeff-at-cls.bsky.social
What people can do right now: cancel their Disney+ streaming subscriptions. Disney is making an economic calculation here. Thus far -- they see only the benefits from cancelling Kimmel. We the media-consuming people have the power to make them see the costs.
jeff-at-cls.bsky.social
What people can do right now: cancel their Disney+ streaming subscriptions. Disney is making an economic calculation here. Thus far -- they see only the benefits from cancelling Kimmel. We the media-consuming people have the power to make them see the costs.
jeff-at-cls.bsky.social
What people can do right now: cancel their Disney+ streaming subscriptions. Disney is making an economic calculation here. Thus far -- they see only the benefits from cancelling Kimmel. We the media-consuming people have the power to make them see the costs.
jeff-at-cls.bsky.social
What people can do in response right now: cancel their Disney+ streaming subscriptions. Disney is making an economic calculation here. Thus far -- they see only the benefits from cancelling Kimmel. We the media-consuming people have the power to make them see the costs.
jeff-at-cls.bsky.social
What people can do right now: cancel their Disney+ streaming subscriptions. Disney is making an economic calculation here. Thus far -- they see only the benefits from cancelling Kimmel. We the media-consuming people have the power to make them see the costs.
jeff-at-cls.bsky.social
What people can do right now: cancel their Disney+ streaming subscriptions. Disney is making an economic calculation here. Thus far -- they see only the benefits from cancelling Kimmel. We the media-consuming people have the power to make them see the costs.
jeff-at-cls.bsky.social
If you were writing a novel (or doing a movie) you'd say that this was Lutnick's plan all along. A way of delivering generational wealth to this family.
jeff-at-cls.bsky.social
What a griff! But what this also does is give economically motivated and deep pocket parties strong incentives to fight the tariffs tooth and nail. Like the hedge fund holders of Argentina sovereign debt who obtained an enormous recovery through tenacity and skill.
jeff-at-cls.bsky.social
jeff-at-cls.bsky.social
Notes on the purported removal of Gov. Cook:
President Trump has claimed that allegations of misrepresentations in mortgage loan applications constitute basis for Gov. Cook’s removal for “cause” from the Fed Board, a claim that comes from Trump with Cat-5 irony.
jeff-at-cls.bsky.social
jeff-at-cls.bsky.social
Notes on the purported removal of Gov. Cook:
President Trump has claimed that allegations of misrepresentations in mortgage loan applications constitute basis for Gov. Cook’s removal for “cause” from the Fed Board, a claim that comes from Trump with Cat-5 irony.
jeff-at-cls.bsky.social
But for the Fed in particular, reversal of HE would require invalidation of the 1935 Banking Act.
jeff-at-cls.bsky.social
Stare decisis means some questions once settled must remain so -- such as "cause" removal protection for the Fed Governors (and indeed for other agency board members for agencies founded post-Humphey's Executor).
jeff-at-cls.bsky.social
The evidence is that Congress would never have invested the Fed with such authority over monetary authority and autonomy from Congressional oversight (outside the ordinary budgeting process) if it had known that its effort to insulate the Fed from presidential control would be invalidated.
jeff-at-cls.bsky.social
For the Supreme Court in 2025 now to say this scheme is an unconstitutional infringement on the President’s authority ought to then to require invalidation of the 1935 Act. The removal provision is not severable.
jeff-at-cls.bsky.social
The Banking Act was passed in August, three months later. In other words, Congress invested the Fed with its expanded powers only after the Supreme Court validated limits to presidential control.
jeff-at-cls.bsky.social
Crucially, this deal foundered until the decision in Humphrey’s Executor, which validated “for cause” protection in the case of an FTC Commissioner. Humphrey’s Executor came down in May 1935.
jeff-at-cls.bsky.social
The compromise was a cutback in the President’s power in the original Federal Reserve Act: removal of the Secretary of the Treasury from the Board, staggered long duration terms for governors, and the requirement of tenure protection for a governor, except for “cause.”
jeff-at-cls.bsky.social
The legislative history shows that Congress – a Democratic Congress dealing with a Democratic president in the aftermath of an enormous crisis -- was simply unwilling to give such power to the President. It understood the temptations and risks.
jeff-at-cls.bsky.social
The 1935 Banking Act marked a “refounding” of the Fed, which included centralized monetary policy control and the right to engage in emergency lending even to private parties against diverse collateral.
jeff-at-cls.bsky.social
“For cause” removal for Fed governors has special historical status because of the particular history of the Banking Act of 1935. The Great Depression showed the inadequacy of the Fed’s powers under the 1913 Federal Reserve Act.
jeff-at-cls.bsky.social
On the assumption that “cause” requires judicial testing and that reasonable truth standards will apply, we will need to face the “removal without cause” question for the Fed.
jeff-at-cls.bsky.social
But he also claims the right to remove her without cause.  Both claims challenge Fed independence, of course, since pretexts and allegations are easy to come by, particularly if your minions are scrutinizing every filing with the Federal government over a multi-year period.
jeff-at-cls.bsky.social
Notes on the purported removal of Gov. Cook:
President Trump has claimed that allegations of misrepresentations in mortgage loan applications constitute basis for Gov. Cook’s removal for “cause” from the Fed Board, a claim that comes from Trump with Cat-5 irony.