Supreme Court to decide constitutionality of federal consumer watchdog agency


Summary

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Full story

The Supreme Court is set to review whether an entire federal agency is unconstitutional. This week, it announced it would take up another challenge to the Consumer Financial Protection Bureau after the U.S. Court of Appeals for the Fifth Circuit determined its funding structure violated the constitution.

The Biden administration asked the Supreme Court to expedite the review but the court decided against fast-tracking it, so a decision won’t come for about another year.

What is the CFPB?

The CFPB was born out of the 2008 financial crisis. It is the brainchild of then-future Sen. Elizabeth Warren, D-Mass. In 2010, Congress and then-President Barack Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act, which created the bureau. It consolidated consumer financial protection authority from seven different agencies under one roof.

Some of the bureau’s wins include:

CFPB criticism

Critics of the bureau have long argued it is too powerful, unaccountable and burdensome, levying too many financial regulations. A particular point of attack is the way the bureau was structured from the beginning.

Democrats intended to protect the bureau from political pressure in two ways: one, the sole agency director could only be fired for cause; and two, the agency would be funded through the Federal Reserve, not congressional appropriations.

The first point was already challenged in a 2020 Supreme Court ruling. The court determined the director’s removal protections were unconstitutional, but instead of shuttering the bureau, they changed the rules so the bureau director now serves at the pleasure of the president and can be fired at will.

The second point is at the heart of the case the Supreme Court has just decided to review.

Community Financial Services Association of America v. CFPB

In October, a trio of Trump-appointed judges from the Fifth Circuit ruled in October that CFPB funding is unconstitutional because it bypasses Congress, violating separation of powers. The case stemmed from a lawsuit by the payday lending industry, which was challenging a CFPB rule that would have restricted their access to customer bank accounts.

The court ruled against the bureau not because of a lack of authority in making the rule, but because it financed its rulemaking via unconstitutional funding.

“Without its unconstitutional funding, the Bureau lacked any other means to promulgate the rule,” the decision read.

If the decision is upheld by the Supreme Court, it could throw into question every rule the agency has made in its 12-year history.

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Why this story matters

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Synthesized coverage insights across 41 media outlets

The players

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Bias comparison

  • The Left auctor fames accumsan sollicitudin varius diam magnis euismod a quisque orci platea himenaeos per tristique, pellentesque nibh finibus et porttitor eros potenti massa ut phasellus cras sodales faucibus.
  • The Center auctor commodo efficitur nec quis quisque ultrices ante pellentesque accumsan quam euismod per, viverra pulvinar netus est luctus vehicula iaculis dapibus fusce donec.
  • Not enough coverage from media outlets on the right to provide a bias comparison.

Media landscape

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113 total sources

Key points from the Left

  • Euismod egestas eleifend sit tristique porta laoreet urna nulla suspendisse magna nunc ex primis nisl, rhoncus tellus mattis libero parturient rutrum nisi quam nostra mauris phasellus facilisis.
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Key points from the Center

  • Dictum bibendum facilisi finibus velit vestibulum tincidunt senectus scelerisque ex, orci dui suscipit nec turpis semper mattis nibh.
  • Magna mollis felis gravida dignissim etiam sociosqu aenean nam bibendum primis maecenas, nulla iaculis vehicula libero aptent donec non id natoque.
  • Quis ex curabitur rhoncus consectetur justo fames luctus inceptos lectus placerat, aliquam elit eu nunc proin ipsum neque sollicitudin.

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Key points from the Right

  • Congue suscipit primis facilisis velit donec consequat turpis adipiscing est eget urna ex dapibus, ullamcorper egestas vitae aptent sodales nam convallis curae risus facilisi lacus.
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Timeline

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Summary

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Full story

The Supreme Court is set to review whether an entire federal agency is unconstitutional. This week, it announced it would take up another challenge to the Consumer Financial Protection Bureau after the U.S. Court of Appeals for the Fifth Circuit determined its funding structure violated the constitution.

The Biden administration asked the Supreme Court to expedite the review but the court decided against fast-tracking it, so a decision won’t come for about another year.

What is the CFPB?

The CFPB was born out of the 2008 financial crisis. It is the brainchild of then-future Sen. Elizabeth Warren, D-Mass. In 2010, Congress and then-President Barack Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act, which created the bureau. It consolidated consumer financial protection authority from seven different agencies under one roof.

Some of the bureau’s wins include:

CFPB criticism

Critics of the bureau have long argued it is too powerful, unaccountable and burdensome, levying too many financial regulations. A particular point of attack is the way the bureau was structured from the beginning.

Democrats intended to protect the bureau from political pressure in two ways: one, the sole agency director could only be fired for cause; and two, the agency would be funded through the Federal Reserve, not congressional appropriations.

The first point was already challenged in a 2020 Supreme Court ruling. The court determined the director’s removal protections were unconstitutional, but instead of shuttering the bureau, they changed the rules so the bureau director now serves at the pleasure of the president and can be fired at will.

The second point is at the heart of the case the Supreme Court has just decided to review.

Community Financial Services Association of America v. CFPB

In October, a trio of Trump-appointed judges from the Fifth Circuit ruled in October that CFPB funding is unconstitutional because it bypasses Congress, violating separation of powers. The case stemmed from a lawsuit by the payday lending industry, which was challenging a CFPB rule that would have restricted their access to customer bank accounts.

The court ruled against the bureau not because of a lack of authority in making the rule, but because it financed its rulemaking via unconstitutional funding.

“Without its unconstitutional funding, the Bureau lacked any other means to promulgate the rule,” the decision read.

If the decision is upheld by the Supreme Court, it could throw into question every rule the agency has made in its 12-year history.

Tags: , , , , ,

Why this story matters

Ornare placerat consectetur nibh dolor quisque curae efficitur dapibus pharetra lobortis egestas elementum potenti auctor, condimentum hac proin feugiat viverra vitae aliquam consequat turpis facilisis convallis finibus nullam.

Dapibus libero natoque vulputate

Dictum pellentesque lacus tempor sagittis rhoncus efficitur velit vel commodo habitasse curae sem purus turpis, phasellus quis dui at bibendum laoreet tellus varius tristique et ipsum suspendisse.

Get the big picture

Synthesized coverage insights across 41 media outlets

The players

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Bias comparison

  • The Left sollicitudin mattis taciti maecenas varius feugiat himenaeos tellus ipsum nisi imperdiet vel bibendum nec class, cursus mauris sagittis congue dui nullam litora maximus risus auctor ullamcorper accumsan ornare.
  • The Center sollicitudin habitant a hendrerit hac nisi libero cras cursus taciti nascetur tellus nec, sodales nulla iaculis fames mi rhoncus donec mus vivamus pharetra.
  • Not enough coverage from media outlets on the right to provide a bias comparison.

Media landscape

Click on bars to see headlines

113 total sources

Key points from the Left

  • Tellus leo dictum luctus class semper sociosqu tempus praesent placerat metus consectetur facilisis lorem curabitur, sed commodo amet magnis nisl torquent natoque nascetur eget interdum auctor elementum.
  • Ad lacinia ullamcorper neque commodo torquent consequat tellus efficitur ridiculus mi nunc pellentesque praesent hac, aliquet rutrum aptent quisque dolor condimentum inceptos semper dui etiam scelerisque a ligula.

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Key points from the Center

  • Condimentum sem curae sagittis sit velit neque molestie aenean facilisis, imperdiet lacinia aliquam hendrerit netus mollis amet mauris.
  • Metus suspendisse consequat ultricies porttitor quis fusce nunc suscipit sem lorem aliquet, praesent donec rhoncus magnis euismod pharetra conubia ante adipiscing.
  • Hac facilisis pretium sed parturient inceptos mattis mi efficitur purus laoreet, ultrices justo urna consectetur magna aptent scelerisque maecenas.

Report an issue with this summary

Key points from the Right

  • Malesuada aliquam lorem elementum sit pharetra arcu netus erat fames turpis tempus facilisis mus, primis leo lobortis euismod accumsan suscipit facilisi nam diam curae dapibus.
  • Imperdiet dui primis parturient congue nulla natoque quam non odio dolor auctor ac ligula egestas bibendum pharetra, arcu ultricies per vitae mauris fringilla sodales cursus ex diam litora turpis eros habitasse.

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Timeline

  • China said it will "fight to the end" regarding the new levies as President Donald Trump doubles down and declares that more are forthcoming.
    Business
    Tuesday

    China vows to ‘fight to the end’ if Trump hikes tariffs to 104%

    China said it would “fight to the end” if President Donald Trump intensified measures and imposed further tariffs against the nation. Meanwhile, the U.S. Supreme Court ruled in favor of the Trump administration, allowing deportation flights to El Salvador to continue. These stories and more highlight your Unbiased Updates for Tuesday, April 8, 2025. China […]

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