Supreme Court Skeptical in That Could Hobble Consumer Watchdog
The justices heard a challenge to the way Congress funded the Consumer Financial Protection Bureau but seemed persuaded that it was constitutional.
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The justices heard a challenge to the way Congress funded the Consumer Financial Protection Bureau but seemed persuaded that it was constitutional.
The Supreme Court’s oral arguments in Consumer Financial Protection Bureau v. Community Financial Services Association of America fell along familiar lines. One side said it had the weight of text and historical practice dating back to the early republic behind its legal reasoning. The other side offered mostly policy-based arguments for its position, asking the justices to read something into the Constitution that wasn’t explicitly there. The only twist was which side was making which argument.
The Consumer Financial Protection Bureau, created in the aftermath of the 2008 financial crisis, faces an existential threat before the Supreme Court.
The Supreme Court will hear arguments in a case challenging the constitutionality of the Consumer Financial Protection Bureau's funding mechanism that could create uncertainty around the regulatory agency's future.
The Consumer Financial Protection Bureau, Sen. Elizabeth Warren's brainchild, fought for its life Tuesday at the Supreme Court, arguing there's nothing unusual about Congress giving the Wall Street regulatory agency the power to set its own budget without having to ask lawmakers for money each year.