The Supreme Court said Monday it will take up a Republican-led challenge to the Consumer Financial Protection Bureau, a case that could threaten how the consumer watchdog agency functions. It is the second time in three years that the justices will be examining the federal agency, which was created in the wake of the 2008 financial crisis.
The case will not be heard before October. That's when the court begins its next term.
Late last year, a federal appeals court — the U.S. Court of Appeals for the 5th Circuit — ruled that the agency’s funding structure is unconstitutional, threatening its ability to function. The Biden administration asked the high court to review that decision, which it has now agreed to do.
The administration said the lower court’s ruling “calls into question virtually every action the CFPB has taken” since its creation. The decision “threatens to inflict immense legal and practical harms on the CFPB, consumers, and the nation’s financial sector,” the administration said.
Since the bureau was created more than a decade ago by the Dodd-Frank Act, it has varied in its aggressiveness. During the Obama administration, it used its muscle to collect fines from banks and credit card companies; during the Trump administration, it drastically scaled back enforcement actions. Republicans have argued that the agency has unchecked power.
The case the justices agreed to hear centers on the agency's funding. Unlike a majority of agencies, the CFPB does not get its funding from the annual budget process in Congress. Instead, it is funded directly by the Federal Reserve. The agency’s budget is capped at 12% of the total operating expenses of the Federal Reserve System. In the 2022 fiscal year, the agency received about $640 million.
The case the justices will hear began when two associations sued over the agency's Payday Lending Rule. They argued in part that the agency's funding structure violated the Constitution, improperly insulating the agency from congressional supervision. A trial court ruled against the associations, but the appeals court agreed the funding structure was unconstitutional. Other courts that had previously looked at the agency's funding structure found no issue.
In urging the justices to take the case, a group of 16 mostly Republican-led states called the CFPB “a failed experiment in administrative governance.”
Just three years ago, in 2020, the high court dealt with a different challenge to the agency. That case involved the agency's structure. The justices ultimately ruled that Congress had improperly insulated the head of the bureau from removal. The justices said the agency could continue to operate but that its director had to be removable by the president at will.
The CFPB was the brainchild of Sen. Elizabeth Warren of Massachusetts and former Democratic presidential candidate.
U.S. officials spoke to Russian leaders for nearly eight hours earlier this week, in hopes of reducing tensions between Russia and Ukraine. Russia forced the west to the negotiating table by massing 100,000 troops near the Ukrainian border, sparking fears of an invasion, and then submitted a set of demands which the west rejected. Joel Rubin, former Deputy Assistant Secretary of State & President at Washington Strategy Group explains what the rest of the week might look like, and why other European nations may be on the side of the U.S.
Chicago schools opened their doors again following a dispute between the teachers union and the city over as the omicron variant continues to surge, but the safety issues they fought over weren't just limited to the Windy City. Dr. Bayo Curry-Winchell, family medicine and urgent care doctor, joined Cheddar in discussing concerns of parents, teachers, and students as schools try to operate amid COVID and noted what she's been observing as the number of infections among children rises. "I am seeing them contract the illness from so many different aspects," she said. "It could be from a fellow classmate. It could be from a parent. All of those things really play in the effect of transmission as well as contracting the illness."
Sen. John Hickenlooper (D-Colo.) is looking for clarification about a federal standard regarding THC impairment while driving. "I think in terms of marijuana, the fact that it's still a Schedule 1 narcotic — it's treated the same as heroin and cocaine — it means that we can't get standards developed," he said about the lack of cohesive regulations. The lawmaker also explained his previous opposition to cannabis legalization in Colorado when he was governor and why his position changed.
With Martin Luther King Jr. Day fast approaching, Rep. James Clyburn (D-S.C. 6th District), the House Majority Whip, talked about the importance of honoring the iconic civil rights activist. "As we consider the life and celebrate the legacy of Martin Luther King Jr., let's think about who and what we are as a country, and whether or not we're going to give up on the ideals of this country or continue to press forward," he said. Clyburn also discussed the push for new voting legislation, the For the People Act and the John Lewis Act, as well as the fate of the Senate filibuster.
One year after the attack on Capitol Hill, America is still deeply divided and politically broken. Zoe Tillman, senior reporter for BuzzFeed News, breaks down President Biden's remarks on January 6, and why the country disagrees on its views over the violent insurrection.
While the pandemic caused financial troubles for many, the unique circumstances of the last two years proved helpful to many Americans. Whether it was the federal government's stimulus checks, expanded unemployment insurance, or general lockdowns, recent data reveals that the covid-19 pandemic helped many reach financial security. Neale Godfrey, Financial Expert and New York Times #1 Best Selling Author joined Cheddar's Opening Bell to discuss.
U.S. markets opened higher despite red-hot inflation data which showed the highest surge in nearly 40 years. Jon Maier, CIO, GlobalX ETFs joined Cheddar's Opening Bell to discuss this historic report.
Meta's request to have a Federal Trade Commission antitrust lawsuit dismissed was rejected by a federal judge. Prosecutors presented enough evidence in their latest filing to go forward with the case accusing the tech giant of operating a social networking monopoly through Facebook, Instagram, and WhatsApp.
Covid cases have started to spike again across the nation, and this time they seem to be hitting some of our youngest and most vulnerable - school-aged children. School districts across the nation - including the country's largest public school system in New York City- are all grappling with what to do as teachers and students alike continue to miss school in droves.
Katie Honan, reporter for the New York City-based non profit news organization, The City explains how educational leaders across the country are handling covid demands from both teachers and parents alike.
Last week, the Supreme Court began here to hear arguments on two of the President's COVID-19 vaccine mandates. The vaccine or testing requirement for employees of large businesses, as well as the vaccine mandate for health care providers who get funding through either Medicare or Medicaid. The justices in DC will ultimately decide whether or not federal agencies even have the authority to issue these types of mandates. Editor at large of employment at Law 360, Vin Gurrieri, joined Cheddar to discuss more.
