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.
Grant Stark, Director of Research at CapWealth, joins Cheddar News' Closing Bell, where he says that his firm is closely monitoring oil prices amid the geopolitical conflict between Russia and Ukraine, and elaborates on how inflation will continue to be a problem across multiple sectors.
A private prison company plans to run a new pilot program that would place hundreds of migrants caught crossing the U.S.-Mexico border under house arrest. The "home curfew" pilot program is part of "impactful detention reforms," according to a spokesperson for the U.S. Department of Homeland Security. Jacinta Gonzalez, senior campaign organizer with Mijente, joins Cheddar News to discuss.
The U.S. is back in negotiations for a nuclear deal with Iran, years after former President Donald Trump withdrew the country from the Joint Comprehensive Plan of Action (JCPOA), which had been meant to curtail the Middle Eastern nation's nuclear ambitions. Former State Department senior advisor to the George W. Bush and Trump administrations, Christian Whiton, joined Cheddar News Wrap to discuss. “It appears to be very similar to the original JCPOA, which does put some constraints on Iran's nuclear program, but also has sunset provisions, including some that in the original plan were expected to take effect in 2025," he said. "And so, if we just reenter that plan, really it just buys perhaps a few years of slowing down, stopping, whatever you want to say, Iran's nuclear program."
The U.S. has announced the first of what could be multiple levels of sanctions against Russia after Moscow recognized two regions of Ukraine as independent. This comes as Britain imposes sanctions on five Russian banks and two oligarchs, and Germany freezes the Nord Stream gas pipeline. Terrell Star, a foreign affairs reporter at The Atlantic Council, joins from Kyiv to discuss.
Growing tensions in Ukraine might soon be impacting consumers in the United States. With Russia on an invasion footing in the region, gas prices are predicted to go up 10 to 15 cents a gallon in the next coming weeks, according to Robert Sinclair, spokesperson for AAA. Sinclair joined Cheddar to break down what could happen even further. "We've been seeing prices go up, and there's been nothing that's happened to affect supplies," he said. "But it's something known as the fear tax where just the talk of something that might interfere with supplies leads to prices going up speculatively."
The end of 3G is upon us. On Tuesday, AT&T became the first major provider to disable its 3G services, and T-Mobile and Verizon plan to follow suit later this year. The shutdowns are expected to impact millions of vehicles that use 3G networks for updates, remote connection, and certain emergency and convenience features. Lance Ulanoff, the U.S. Editor-in-Chief of TechRadar, joined Cheddar's Closing Bell to discuss the ramifications of the changeover.
A new report shows nearly 240 former officials in Congress, the White House, and regulatory agencies have changed careers to work in the crypto industry.
President Biden unveiled new economic sanctions on Russia for what he called "the beginning of a Russian invasion". This came one day after Putin sent troops into two breakaway regions of eastern Ukraine. Alex Ward, national security reporter for POLITICO, explains what these sanctions might do to the global economy.
U.S. stocks ended today's session sharply lower on the heels of rising geopolitical tensions between Russia and Ukraine. Melissa Brown, Managing Director of Applied Research at Qontigo, joins Cheddar News' Closing Bell to discuss.
