Legal experts explain why Justice Clarence Thomas split from his conservative colleagues to save the controversial CFPB in latest Supreme Court decision.
When the Supreme Court decided last week to keep the controversial Consumer Financial Protection Bureau funded, some were surprised that Justice Clarence Thomas split from some of his conservative colleagues, writing the majority opinion to keep the CFPB intact.
For most federal agencies, Congress provides funding on an annual basis. This annual process forces them to regularly implore Congress to fund their operations for the next year. The Consumer Financial Protection Bureau is different. The Bureau does not have to petition for funds each year.
If other justices decide to agree with him, that's nice, though he’s willing to go it alone,' Shu observed. 'Justice Thomas is a true originalist and textualist, as is Justice Alito, and in this case, they interpret the term ‘appropriations’ in different ways, which further proves that the justices do not vote in lockstep as some erroneously claim.
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Justices Clarence Thomas and Samuel Alito -- typically in agreement -- split in major CFPB rulingThe Supreme Court's decision this week upholding the funding structure of the Consumer Financial Protection Bureau surprised some court watchers since it pinned Justices Clarence Thomas and Samuel A. Alito Jr. against each other -- with Justice Thomas writing the majority opinion and Justice Alito writing the dissent.
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