Nov. 4, 2025
Trump-appointed judges urge Congress to reclaim power to define crimes
Judges Patrick J. Bumatay and Lawrence J.C. VanDyke dissented Friday from the 9th Circuit's refusal to revisit a case upholding criminal penalties created by Interior Department regulations. They argued that only Congress--not the executive branch--has constitutional authority to define crimes.
As disputes over the limits on presidential power roil legal circles, two of President Donald Trump's federal appellate court appointees argued that Congress, not the executive branch, must define what conduct is criminal.
The two dissented Friday in a 9th U.S. Circuit Court of Appeals case where the majority ruled defendants can be prosecuted for regulatory crimes under a law written by a cabinet secretary.
The dissenters appeared to present a separation-of-powers ...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In