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.
Dr. Nasia Safdar, Doctor at UW Madison, joined Wake Up With Cheddar to discuss the implications of Merck sharing its antiviral pill, which has been shown in early trials to cut hospitalizations and deaths by half, with poorer nations around the globe.
The Federal Reserve finally announced its taper plan on Wednesday saying that it planned to scale back on bond purchases as growth slows, and would not rush to raise interest rates. Ross Mayfield, Investment Strategy Analyst at Baird spoke on whether or not a decrease in inflation could be in the country’s future amidst comments made by Fed chairman Jerome Powell. Baird also broke down ADP jobs numbers ahead of the Labor Department's October jobs report.
Going into election day on Tuesday, many of us had an inkling it might not be a great day for Democrats. History tells us the president's party tends to lose congressional seats, governorships and state legislature seats in off-year and midterm elections. Tuesday turned out to be a big wake-up call for democrats. Not only did Terry McAuliffe lose in the Virginia governor's race, Gov. Phil Murphy won re-election by an incredibly slim margin. Both races saw continued Democratic losses in rural areas and a shift of suburban voters back to the GOP. Liz Landers, chief political correspondent at Vice News, joins Cheddar Politics to discuss.
Week one of UN climate summit is coming to an end, world leaders made a number of promises to save the planet. President Biden attended the first two days of the meeting.
Alan Neuhauser, vice president of Silverline Communications, joined Cheddar Politics to talk more about the pledges that came out from the summit and their significance.
It's been a busy week for the Supreme Court. It heard arguments on three of the most watched cases in the docket for this term. The court heard arguments in two cases challenging the Texas abortion law on Monday - one filed by abortion providers and the other by the justice department. Instead of weighing in on the constitutionality of the matter itself, justices focused on the unusual structure of the law that enables citizens to enforce the law, not the state government.
On Wednesday, the court heard arguments in the biggest Second Amendment case in more than a decade. The dispute is over a New York gun law that requires people seeking a license to carry a handgun in public to show a "proper cause." The challengers in this case claim the law inhibits their constitutional Second Amendment rights.
Amy Howe, co-founder of SCOTUSBlog, joined Cheddar Politics to break the cases down.
This is the first installment of Cheddar Changemakers, where we spotlight young activists making a difference in the world and speaking up on issues regarding mental health, voting, and climate change.
Republicans are considered, and often act like, the party opposed to action on climate change. They've made a point of fighting even modest regulations on businesses related to stemming the worst effects of climate change. But Republicans aren't a monolith on climate change, and our next guest reminds us that "conservation" and "conservative" have the same word root.
Quill Robinson, VP of government affairs at the American Conservation Coalition, joins Cheddar Politics to discuss.
The mayor of Portland, Oregon, Ted Wheeler joined Cheddar News Wrap to discuss his plans to get an increase in the city's police budget for more personnel, changes to public safety response, and more body cameras. The Democratic mayor addressed the growth in violent crimes amid the pandemic, but noted the need for officers who take their roles seriously. We want officers who understand that policing is an important responsibility, it's a high calling," he said. "We also want a police bureau that is accountable and responsible to the public it serves."
More American tech companies continue to pull their businesses out of China as the Communist Party cracks down on firms — both foreign and domestic. Yahoo and Fortnite have become the latest companies to withdraw from the country, and the withdrawals come just days after Microsoft announced it would take LinkedIn offline. Shehzad Qazi, managing director at China Beige Book International, joined Cheddar to provide some insight into how the crackdowns in China would also impact the tech companies at home in the United States.
