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.
Russian forces escalated their attacks on populated urban areas Tuesday, bombarding the central square in Ukraine’s second-largest city and Kyiv’s main TV tower.
A bipartisan group of 43 representatives joined forces in a letter to President Joe Biden to remind the executive branch that it must seek the approval of Congress before authorizing a war — whether or not its in Ukraine as Russia continues its invasion. Rep. Peter DeFazio (D-Ore. 4th District) led the effort and joined Cheddar News Wrap to explain. "It's time for Congress to get back the authority, which is vested to us in the constitution, not in the executive branch," he said. "The president. once we're at war, we speak with one voice with the commander in chief. But before that, it's up to the American people and Congress whether or not we're going to become engaged in a war."
Chris Konstantinos, Chief Investment Strategist at RiverFront Investment Group, explains why he remains encouraged about the S&P and the state of the market despite the major indexes closing mostly lower on Monday.
President Joe Biden will be delivering his first State of the Union address on Tuesday night, and with so many issues from Ukraine to inflation, everyone will be focused on what he might say. Rep. Nicole Malliotakis (R-N.Y. 11th District) joined Cheddar News to discuss what she thinks the president should address. "I think what he hasn't done yet is go after the gas, the oil, the minerals, the mining industries, that is incredibly important," she said. "There's still some banks there that are not sanctioned. He needs to go after all the banks, but I also think that providing the equipment that Ukraine needs to continue to protect its capital and its country are incredibly important."
As Russia’s attack on Ukraine continues, one of its few big allies remaining appears to be China. Gordon Chang, Asian affairs expert and author of "The Coming Collapse of China," joined Cheddar News to discuss what might be behind China's support for Putin's current strategy. “I think China is looking at what Putin did yesterday, which is to raise his nuclear forces on a higher alert level,” Chang stated, “If they see that Putin gets away with his nuclear threats, which he's been making over the last three or four days, then I'm sure that Beijing is going to ramp up its threats as well, and it could ramp them up against any number of different countries with which it perceives it has a problem with"
Joel Rubin, president of the Washington Strategy Group and former Deputy Assistant Secretary of State, joins Cheddar News to discuss the Russia-Ukraine tensions and the new sanctions President Biden placed on Russia.
