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.
President Biden is looking at unlikely partners to buy oil, after banning all Russian energy imports. Among them is Venezuela, a regime that has been sanctioned by the U.S. since 2019. Ariel Cohen of the Atlantic Council explains to Cheddar News why that might not be a bad choice.
Stock trading app Robinhood already has been offering cryptocurrency investments but seems further excited about the asset class following President Biden's recent announcement of an executive order. Dan Gallagher, the chief legal and corporate affairs officer for Robinhood, joined Cheddar News to talk about the White House's tentative vision for digital currency. "I think this executive order firmly states that, yes, crypto is here to stay, which it talks about the important competitive issues around crypto and how the United States needs to be a leader, a global leader, in innovation and technology regarding crypto," he said. Gallagher also discussed having clarity around meme stocks going forward but worried about overregulation slowing down innovation.
As Russia’s attack on Ukraine, the latest inflation report showed the consumer price index rose 7.9 percent — a 40-year high. Heather Boushey, a member of the White House Council of Economic Advisers, joined Cheddar News to discuss what American consumers might be in store for as prices keep rising. "Forecasters at this point believe that the American economy will be resilient," she said. "They’re still predicting that the unemployment rate will continue to be lower at the end of the year than it is today, and we are still seeing folks believe that over time prices will come back down." Boushey did note that it would be dependent on how long the current situation lasts.
Simon Shuster, TIME's Moscow correspondent joins Cheddar to discuss how Ukraine could become part of the EU and what it would mean for politics in Europe.
President Biden has banned imports of Russian oil to the U.S. in retaliation for its invasion of Ukraine. The president warned of higher prices at the gas pump, leading some analysts to think it could propel the transition to clean, renewable energy. Michael Jones, chairman and CEO of investment solutions company Caravel Concepts, discussed how the ban is hitting green energy stocks as gas prices continue to surge. "I think the 10-year prospects for renewables just got a whole lot better because ultimately this is going to force a transition into renewables," he said.
Amid ongoing tensions in the Russia-Ukraine region, many American travelers are nervous about traveling to Europe.
It comes at a time when international travel was set to make a comeback, but uncertainty surrounding the conflict may delay the overall recovery. Francesca Page, Travel Expert, joined Cheddar's Opening Bell to discuss.
Russia's invasion of Ukraine is coming for the global food supply. Ongoing tensions in the region are threatening the supply of various agricultural products including wheat, barley and corn. Vladik Rikhter, CEO & Cofounder of Zenput joined Cheddar's Opening Bell to discuss how this could impact food prices overseas.
Chris Natividad, CIO of EquBot, joins Cheddar News' Closing Bell, where he elaborates on what ultimately dragged the Dow, S&P, and Nasdaq lower on Tuesday and discusses how investors are reacting to rising oil prices and February CPI data coming out later this week.
