The Supreme Court seems likely to preserve the work of the Consumer Financial Protection Bureau against a conservative-led challenge
WASHINGTON — The Supreme Court on Tuesday seemed likely to preserve the work of the Consumer Financial Protection Bureau against a conservative-led challenge.
Even some conservative justices sounded skeptical of arguments that the agency, created after the 2008 financial crisis to regulate mortgages, car loans and other consumer finance, violates the Constitution in the way it is funded.
The CFPB case is one of several major challenges to federal regulatory agencies on the docket this term for a court that has for more than a decade been open to limits on their operations. The CFPB, the brainchild of Democratic Sen. Elizabeth Warren of Massachusetts, has long been opposed by Republicans and their financial backers.
But a majority of the court appeared ready to reject the sweeping arguments made by the lawyer for payday lenders whose challenge to a CFPB rule spawned the Supreme Court case. A ruling for the agency also would quiet concerns about the validity of the CFPB’s actions since its creation.
Unlike most federal agencies, the consumer bureau does not rely on the annual budget process in Congress. Instead, it is funded directly by the Federal Reserve, with a current annual limit of around $600 million.
The federal appeals court in New Orleans, in a novel ruling, held that the funding violated the Constitution's appropriations clause because it improperly insulates the CFPB from congressional supervision.
Embracing that ruling, lawyer Noel Francisco said on behalf of the lenders Tuesday that Congress can't hand so much power to an executive branch agency. “This is a perpetual delegation
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