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.
Heading into 2022, the eyes of political nerds like us are fixed on statehouses across the country. State legislatures are in the process of taking the data from the 2020 census and using it to draw new congressional districts. The process has major implications for midterms, as Republicans could retake the majority just by gerrymandering enough seats into their column. In Maryland, state level Democrats are considering several maps, one of which would completely draw out the only Republican from the state in Congress.
Bruce DePuyt, senior reporter at Maryland Matters, and Helen Brewer, legal analyst at Princeton's Electoral Innovation Lab, join Cheddar Politics to discuss.
Today is Veterans Day, a day each year that gives us a chance to honor our service members and reflect on the issues they face in our armed forces. One issue that's gotten a lot of scrutiny recently is the handling of sexual assault cases in the military. The military has long been criticized for how it handles cases of sexual assault, with particular attention paid to how cases are investigated and prosecuted usually within the chain of command. The defense department has said sexual assault cases will be removed, but it's not the same as Congress changing the law itself.
Lory Manning, retired U.S. Navy captain and the director of government operations at the Service Women's Action Network, joins Cheddar News to discuss.
Greenwood, a digital banking platform aimed at supporting Black and Latino businesses and clients, is launching its very own GreenBook. Named after the historic publication for Black travelers during the era of Jim Crow, the online guide will provide a directory of Black- and Latino-owned businesses across the country. Ryan Glover, the founder and chairman of Greenwood, joined Cheddar to provide additional details about the listings.
President Biden's infrastructure plan will be pumping billions of dollars into the EV sector. David Shepardson, Correspondent at Thomson Reuters, joined Cheddar News' Closing Bell to break down all of the details.
Al Root, Senior Writer at Barron's, joined Wake Up With Cheddar's Jill Wagner to break down who qualifies for the proposed EV tax credits and why some automakers aren't too pleased about extra incentives for vehicles made at union plants.
Jill Wagner is joined by Baker to talk about kids and vaccines: we finally know how many young kids are getting vaccinated. Plus, Democrats are working on a Plan B for paid family leave. And the salad chain Sweetgreen goes public.
A breakthrough deal between the U.S. and China when it comes to climate has finally been reached. The two countries have pledged to work together to curb carbon emissions. Amy Harder, executive editor at Cipher, joined Cheddar News to discuss more.
President Joe Biden is expected to visit GM's 'Factory Zero' plant in Detroit, where mass production of its electric vehicle fleet will get underway. Biden is likely to tout his recently passed $1.2 trillion infrastructure plan, which allocates $7.5 billion toward EV infrastructure.
