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.
Add FIFA to the list of organizations announcing a break with Russia. The world soccer authority has suspended the nation from competing in the 2022 World Cup tournament, while the NHL also announced suspending business relations with Russia. Executive editor and senior writer at Sports Illustrated, Jon Wertheim, joined Cheddar News to discuss the rebukes. "I think a big element of this is, this is a way to really hit at Putin because we know how much this appearance of strength and the victory… often portrayed through sports, how much that means to him," he said. "This will bother him in a way that it might not bother other world leaders."
Prices at the pump have escalated severely during the Russian invasion of Ukraine. Paul Christopher, head of global market strategy, Wells Fargo Investment Institute, joined Cheddar News to explain how he sees the gas prices continuing to spiral despite the International Energy Agency announcing the release of 60 million barrels of oil from the strategic reserves of 31 countries. "We think you could see oil and gas prices continue to rise. Oil prices maybe could hit $140 a barrel. That's possible. And that would add another 50-60 cents on top of the gasoline prices you already have," he said.
President Joe Biden is set to give his first State of the Union address amid both international and domestic crises: the Russia-Ukraine conflict and continued rising inflation and economic worries at home. He's expected to focus on a four-point plan to reduce everyday costs, and promote economic competition, among other key tenets. But will it be enough to persuade Americans that his administration will be able to get rising prices and foreign policy moves under control? Eugene Scott, national politics reporter at The Washington Post, joins Closing Bell to discuss Biden's expected focus, how he will aim to ease Americans' concerns, and more.
Dr. Daniel Bober, psychiatrist and certified addiction medicine physician, joins Cheddar News to offer tips on how parents and guardians can talk to their children about what's happening in Ukraine.
While crypto exchanges have been used to aid Ukraine amid the Russian invasion, critics point to possible sanction evasion on the Russian side using the same technology. Cheddar's Alex Vuocolo takes a closer look.
Airbnb.org has announced that it will provide up to 100,000 Ukrainian refugees with free housing. Airbnb.org is the philanthropic branch of Airbnb that provides free housing for those affected by disasters. Joe Gebbia, co-founder and chairman of Airbnb.org, joined Cheddar News to talk about how the company has helped thousands find shelter in times of crisis. "A lot of people are saying this conflict is likely to be the largest humanitarian crisis since World War II, and I believe Airbnb believes that companies have a responsibility to step up and to help out in times like these," he said.
The International Energy Agency’s 31 member countries have agreed to release 60 million barrels of oil from their strategic reserves “to send a strong message to oil markets” that supplies won’t fall short after the Russian invasion of Ukraine.
Every ten years, there’s a census. That decennial count is long and tedious and arduous…and important. Because it confirms who lives where so the Federal Government properly allocates resources, so services go to the places that need them most and - yes - so states gain or lose seats in congress and have the opportunity to redraw all their state and Congressional lines.
That means, every 10 years, states start what has famously been one of the most partisan and divisive processes in politics. Because one strategic line can mean the difference in party control in not just the state legislatures but also in congress.
Cheddar explains how gerrymandering works and why it exists.
The COVID-19 pandemic disrupted blood donations leading to severe shortages throughout the country. Chloe Aiello reports on the desperate need for new donors.
