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.
On a live broadcast, an employee on a Russian state news television channel held up a sign protesting propaganda about the war in Ukraine. Ruslan Deynychenko, executive director of the Ukrainian fact-checking organization StopFake, joined Cheddar News to discuss what he called the misinformation spread to the Russian people about the invasion. "They are not about informing people they are about brainwashing people," he said. "Russian government uses their media as an instrument, as a tool, of their foreign policy."
Student loan payments for millions of borrowers are set to resume on May 1st. However, signals from the Department of Education show that the date may be pushed back. Once again, it's been pushed back a few times. Initially, the Biden Administration stated loan payments would resume as the economy continues to show signs of recovery. Student Loan Expert and Author of "How to Appeal for More College Financial Aid", Mark Kantrowitz, joined Cheddar to discuss more.
Tim Davis, Partner and Executive Managing Director at Steward Partners, joins Cheddar News' Closing Bell, where he discusses what activity we could expect to see from the crypto market this week as the Fed decision approaches, the prices of Bitcoin and Ether struggle to find a spark, and the industry continues to digest President Biden's executive order on crypto.
Russia may be asking China for help with its war in Ukraine, according to several reports citing unnamed U.S. officials. Russia is reportedly calling on its ally for military and economic assistance, in an attempt to avoid punishment from sanctions imposed by the U.S., Europe, and Asia, which have hammered Russia's economy. Chinese and Russian officials denied the reports. Meanwhile, top U.S. and Chinese officials are meeting today, with both countries confirming the conflict in Ukraine will be the meeting's main topic. Edward Wong, diplomatic correspondent for the New York Times, joins Cheddar News' Closing Bell to discuss.
A Ukrainian drone company is using its technology to help defend its home nation during the ongoing war with Russia. Valerii Iakovenko, co-founder and CEO of DroneUA, joined Cheddar News to discuss its efforts to help against the invasion. "These drones can be used to do strikes more precise and even cheap drones, even simple technologies can help to make a defensive possibilities more precise," he said.
Following the Texas Supreme Court's decision to end further challenges against the latest abortion restrictions, Texas saw a 60 percent decrease in abortions performed in the state — with an exodus of patients seeking care in other parts of the country. President, and CEO of Planned Parenthood Federation of America, Alexis McGill Johnson, joined Cheddar News at South by Southwest 2022 to discuss the impact of the court's ruling on reproductive health care in the Lone Star State and beyond.
Damian Mason, farm owner, agricultural economist and author of "Food Fear" joined Cheddar News to talk about how the Russian invasion of Ukraine is putting pressure on commodities, which could lead to a 20 percent price hike according to the United Nations. “Russia and Ukraine are responsible for about 35 percent of exports, 35 percent of grain exports, specifically wheat,” said Mason. He also added, "You've got Russia saying, 'we're going to hoard and hold back our wheat,' which of course crimps global supply, and you've got Ukraine that maybe won't even get harvested."
In order to qualify for one of the coveted first retail licenses in New York's adult-use cannabis program, you'll have to have a conviction on cannabis-related charges or have an immediate family member who does. It's part of the latest effort by New York lawmakers to create a diverse and inclusive industry — but some advocates still have reservations. Amber Littlejohn, the executive director of the Minority Cannabis Business Association, joined Cheddar News' Closing Bell to discuss. "We definitely applaud the state of new york, but ultimately the devil will be in the details as to whether or not this actually works out to create equity in the cannabis industry," she said.
