Practice Areas

Constitution — Separation of Powers

Constitution — Separation of Powers

Clients have frequently called upon Cooper & Kirk to represent them in disputes over major separation of powers issues. Among other matters, we have mounted successful separation of powers attacks on the structure of the Federal Housing Finance Agency, the line-item veto, and the composition of the Federal Election Commission. Lawyers at our firm have been actively involved in separation of powers matters for decades, with the Chairman of our firm having advised the Reagan Administration on separation of powers issues during his tenure as the head of the Office of Legal Counsel.

Issue
Challenge to the Line Item Veto Act
Level of Court
United States Supreme Court

Overview We represented New York City and several health care providers and associations in their challenge to the constitutionality of the Line Item Veto Act. The Supreme Court held that the Act violated the Presentment Clause of the Constitution. Mr. Cooper argued the case in the Supreme Court.

Issue
Nationalization of Fannie Mae and Freddie Mac
Level of Court
United States Supreme Court

Overview We represent shareholders of Fannie Mae and Freddie Mac in a challenge to the U.S. Government’s nationalization of Fannie Mae and Freddie Mac. After the en banc Fifth Circuit agreed with our arguments that the Federal Housing Finance Agency (FHFA) exceeded its statutory authority and was unconstitutionally structured, the Supreme Court reviewed the case. The Supreme Court affirmed the Fifth Circuit's ruling that FHFA's structure violates the separation of powers and remanded the case for further proceedings on the appropriate remedy. Mr. Thompson presented argument for the shareholders in both the Fifth Circuit and the Supreme Court.

Issue
Alleged Campaign Contribution Regulations Violation
Level of Court
United States Supreme Court

Overview We represented the National Rifle Association Political Victory Fund in an action brought by the FEC alleging violation of campaign contribution regulations. The court of appeals agreed with our position that the composition of the FEC violated the separation of powers. The Supreme Court ultimately dismissed the appeal after argument, agreeing with our argument that the FEC did not have independent litigating authority to challenge the decision of the court of appeals. The case was argued before the Supreme Court by Mr. Cooper.

Issue
Line Item Veto Act
Level of Court
United States Supreme Court

Overview We represented several members of Congress in their challenge to the constitutionality of the Line Item Veto Act. Although the district court held that the Act was unconstitutional, the Supreme Court declined to reach the merits of the members’ claim, holding that they did not have standing to bring this challenge.