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.
While the United States struggles with mass shootings, other countries have had success with gun regulations - often after their own mass shootings. On this Gun Awareness Day, Cheddar's Shannon LaNier reports on steps some other countries have taken to stop gun violence.
Join Cheddar News as we break down the Need 2 Know headlines this morning including Gun Violence Awareness Day, how to prevent mass shootings, and the president's comments on gun control.
President Biden and Federal Reserve chair Jerome Powell meet at the White House today for the first time since Powell's renomination to the position. The President and the Fed Chair discussed the economy and historically high inflation, as new data shows inflation may be cooling slightly. Morning Consult economic analyst Jesse Wheeler joins Cheddar News' Closing Bell to discuss how the Biden administration at the U.S. central bank can work together to combat soaring prices for American consumers.
In the second part of Cheddar's talk with Governor Asa Hutchinson, the Republican from Arkansas discussed his state's abortion trigger law and the overturning of Roe v. Wade, the Texas law that would prevent social media platform moderation currently being held up by the U.S. Supreme Court, and rumors of his 2024 presidential run. "I did go to New Hampshire. I am testing the waters out there, so no decision at this point. But we're looking at it," he said, noting that if former President Donald Trump runs, it would not affect his own decision.
Cheddar Politics looks at the ongoing efforts to pass meaningful gun safety laws in both Chambers of Congress following multiple mass shootings. Lisa Hagen, senior political reporter for U.S. News and World Report, helps break down why Senators are hopeful that a modest bipartisan gun safety package might be able to overcome a filibuster.
Join Cheddar News as we break down the top headlines this morning including updates on the Tulsa medical center shooting, Johnny Depp V. Amber Heard verdict, and Democrats push for gun control reform.
After two subway shootings in two months and the more recent mass shootings in Uvalde, Texas, and Buffalo, New York, Mayor Eric Adams is calling for gun detection scanners to be installed in New York City subways. The tech would be similar to that used in sporting arenas, however, experts note multiple difficulties with such a setup including the need for nearby human operators.
Catching you up on what you need to know on Wednesday, June 1, 2022, House lawmakers hold an emergency hearing on gun control measures in the wake of the Uvalde shooting, the Supreme Court temporarily blocks Texas' law stopping social media moderation, and the James Webb Space Telescope gets a new mission.
