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.
As of March 2022, almost 200 Anti-LGBT+ bills have been introduced in state governments across the country — especially directed at the transgender community. Human Rights Campaign State Legislative Director and Senior Counsel Cathryn Oakley joined Cheddar News to discuss the deluge of legislation. "Unfortunately we are seeing these bills come at transgender youth from every conceivable direction," she said. "Every support that a trans kid has, whether that's their parents, whether that's their family, whether that's their teachers or their guidance counselors or their coaches, whether it's their teammates or the librarians and the books that they read, whether it's curriculum, whether it's even just the ability to acknowledge that LGBTQ people have existed throughout history and are important in the fabric of modern American society. The bills that we are seeing filed across the country are targeting all of those pieces."
President Volodymyr Zelenskyy last week seemed to have put out a video that urged Ukrainians to put down their arms and surrender to Russia. It was later revealed that it was a “deepfake,” a computer-generated video to mimic the Ukrainian leader. Cheddar News speaks with security expert Morgan Wright about how the technology is being used in the war in Ukraine.
After scrutiny over the negative impact on the mental health of children, social media apps have begun adding stricter limitations to parental controls. Jim Steyer, CEO of Common Sense Media, a nonprofit organization focusing on recommendations for entertainment platforms, joined Cheddar News to talk about the changes, why they might not be enough, and what parents can do to help. "It's almost that the companies — whether they're Snapchat, Instagram, YouTube, or whatever — have to start the process from the beginning of designing the product," he said. "They have to be much more clear about age verification so that a 12-year-old and 11-year-old can't get on there." Steyer also pushed for federal legislation to reign in the issue.
As Big Tech companies from the U.S. like Google and Apple managed to build market dominance overseas, the European Union has decided to curb what it sees as monopolistic growth. Greg Martin, the co-founder of Rainmaker Securities, joined Cheddar News to talk about how the impact of the antitrust regulations being adopted. "I think there's a lot of great outcomes here, but those will be far down the road [because] I do think there's some interoperability things that need to be worked out technologically," he said. "But it's going to be really good ultimately for the consumer in my opinion."
Tenicka Boyd is a digital creator making content that reflects her two passions: activism and style. The TikTok star joined Cheddar News to talk about her platform and new looks this Spring. Boyd admitted that at first she wanted to remain anonymous on the social media platform before finding her passion. "I just joined TikTok hoping that no one would find me, and I started creating colorful content," she said. "I didn't know that you could monetize this and really do it full time, and I just followed my passion because I realized that you can have multiple different lives and do multiple different things."
Catching you up on what you need to know on March 25, 2022, with Ukrainian forces retaking Kyiv, 300 deaths reported from the bombing of a theater used as a shelter in Mariupol, U.S. regulators ditch a climate review of natural gas projects, the 94th Academy Awards, and more.
North Korea says it test-fired its biggest intercontinental ballistic missile under the orders of leader Kim Jong Un, who vowed to continue expanding his nuclear arsenal while preparing for a “long-standing confrontation” with the United States.
Ukrainian authorities in the besieged ruins of Mariupol say that about 300 people died when a Russian airstrike blew up a theater where hundreds of civilians were sheltering.
