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.
Coming off a 2021 campaign where the prices of Bitcoin, Ether, and other cryptocurrencies reached unpreceded levels, Bitwise Asset Management CIO Matt Hougan and OpenNode Co-Founder & CTO João Almeida join Cheddar News' Crypto Craze: The Year of the Token to discuss the ways the crypto market can soar even higher in 2022.
The Cowboy State has become one of the world's top tax havens, according to the Pandora Papers, a trove of more than 11.9 million documents obtained by the International Consortium of Investigative Journalists and The Washington Post. The papers reveal, among other things, how ultra-wealthy people from around the world move money into the U.S., invest, and spend it under a shroud of secrecy. Allison Tait, University of Richmond law professor, joined Cheddar to talk about Wyoming's laidback tax laws, their impact on the nation's economy, and provided some details on the financial arrangement known as the "cowboy cocktail."
Carlo and Baker preview President Biden's address to the nation as Omicron becomes the new dominant Covid strain. Plus, Trump gets booed for getting his booster and the White House gets a new puppy.
China and Russia are saying they want to work closer together in different areas after a recent call between Presidents Xi Jinping and Vladimir Putin. What are the implications of a close partnership between Beijing and Moscow? Cheddar News breaks things down with expert Hagar Chemali.
Michele Schneider, Partner and Director of Trading Research & Education for MarketGauge.com, joins Cheddar News' Closing Bell, where she says the spread of the Omicron variant and Jerome Powell's comments following the latest Fed decision are spooking investors heading into the weekend.
Carlo and Baker wrap up another week discussing the latest explosion in new Covid cases in the Northeast, President Biden's stalled agenda and more. Plus, Love, Hate, Ate featuring the question: why did movie dialogue get so hard to understand?
Since July 2021, families with children have received monthly payments from the federal government as part of the expanded child tax credit, a policy that may be expiring this month. Megan Curran, policy director at the Center on Poverty and Social Policy at Columbia University, joined Cheddar News to discuss.
During the pandemic, student loan debt repayment was put on pause amid an unprecedented crisis. However, on February 1, 2022, the schedule is set to resume, and currently it looks as though the Biden administration has no plans to extend it. Cody Hounanian, the executive director of the Student Debt Crisis Center, spoke to Cheddar about why he believes the loan collection pause needs to at least be extended as borrowers are still struggling with the resurgent pandemic and inflation. "There's really no good economic or policy or political reason as far as why they're focused on getting payments started now," Hounanian said. "We surveyed 33,000 people with student loans last month. Nine out of 10 told us that they are not ready to resume payments."
