Page 4 - Cfpb Case News Today

The consumer financial protection bureau pose a significant threat to individual liberty, end quote. so does it follow that you think that other independent agencies are also constitutionally suspect? >> the supreme court has of course upheld since 1935 humphries executor decision, the practice of independent agencies. on the cfpb decision, the structure of that agency deviated from the traditional historical practice of independent agencies. >> you think the humphries that was 80 years ago was ...

My mom, of course, was a state trial judge. the whole system of state government is most peoples interaction with, with government. and federalism in that sense makes -- ensures accountability because you know better usually, your local and state elected officials than you do, and you can, therefore, make your views known on whatever governmental issues is of concern to you. for example, the schools is a classic one. >> so, what is the importance -- >> were going to skip across town once again b...

On the other side congress does have authority to regulate and has done so. with respect to contribution limits, however, there are cases where the contribution limits are too low, so subsequent to the e-mail youre talking about, the supreme court has twice struck down contribution limits, one in a case randall versus serell. >> im aware of these cases. >> justice breyer wrote. >> mm-hmm. >> so i dont think theres -- buckley versus vallejo is an important precedentprecedent. theres others, mccon...

Pre-existing conditions? >> senator, thats a pending case so i cannot talk about it. >> okay. this is just my concern, because of this expansive view of executive power where it brings us and where we end up. i want to move on to some consumer issues. in 2016 you wrote an opinion which was later overturned by the full d.c. circuit in which you found the consumer financial protection bureau unconstitutional. the majority recognized that millions of people were devastated by the financial crisis a...

Removable at will. in the case of the cfpb so the -- [ protester yelling ] >> i want to turn to what the majority felt about your dissent and i think they recognized that the dissent would threaten many if not all independent agencies. i think they specifically mentioned the ftc and i would add other ones like the federal reserve, securities and exchange commission. does it follow that you think these agencies are unconstitutional? >> no, i didnt say anything remotely like that, respectfully, se...

Even further under that, or your state legislature might protect you further. so, further protections of individual liberty. federalism also operates in a different way, a laboratory of democracy in the sense of experimentation around the country thats not always the same views in texas that there might be in california. for example, on particular issues. so you have different laws -- >> blatantly. >> yes. also, i think the federalism serves the more general idea of the government thats closest ...

Charges brought by special counsel mueller actually cited your opinion in arguing to have these charges thrown out. does that concern you at all? >> our case dealt with contribution limits, so thats what i was opining on in that case. so im not sure that there are the state of the law on expenditure limits was not before us in that case so i dont want to opine on expenditure limits. >> well, it was that opinion that was cited by -- >> i dont know if it was cited -- well, i dont want to talk abou...

>> i was just trying to get to where that new test came from. so in the second case, you also dissented in the anthem case last year. your opinion would have allowed a merger between two of the four nationwide health insurance providers which was eventually blocked because it would lead to higher prices for health care in the long term and what was viewed as poor quality insurance. here you actually went a step farther than whole foods. instead of just trying to raise the bar on what the governm...

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