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.
David Daley, senior fellow for FairVote, joins Cheddar News to discuss the Supreme Court denying the GOP's challenge to congressional maps in North Carolina and Pennsylvania.
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U.S. markets closed the day at session lows as the Dow marked its fifth straight week of losses. Investors continue to weigh inflation and the ongoing Russia-Ukraine war and growing economic risk factors. George Seay, CEO of Annandale Capital, joins Cheddar News' Closing Bell to discuss.
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It's been an eventful past few weeks for the WNBA. One of the league's top players, Brittney Griner, remains in Russian custody after being detained at an airport last month. The league is also dealing with a scandal after fining a team for providing charter flights to their players. Emily Caron, sports business reporter for Sportico, joined Cheddar News' Closing Bell to discuss.
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The ongoing semiconductor chip shortage has been impacting everything from the purchase of cars to smartphones. Deputy Commerce Secretary Don Graves spoke with Cheddar about the Biden administration's efforts to combat the issue and if the current crisis in Ukraine will have any impact on the global supply chain problems for semiconductors. "We're working very closely with all of our partners and allies around the globe, just as we have on the export controls and sanctions that we've applied to Russia to deal with that needless aggression," he said. "We're also working with them on the challenges of raw materials for a range of industries, including the semiconductor industry. We believe that we are going to be able to meet the demand for the for the near term."
