The Supreme Court has agreed to take up a case that could threaten the existence of the Consumer Financial Protection Bureau — and potentially the status of numerous other agencies, including the Federal Reserve.
Although the agency reports regularly to Congress and is routinely audited, the Fifth Circuit ruled that is not enough. The CFPB's money has to be appropriated annually by Congress or the agency, and everything it does is unconstitutional, the lower courts said.
"This marks the first time in our nation's history that any court has held that Congress violated the Appropriations Clause by enacting a law authorizing spending," wrote the Biden administration's Solicitor General Elizabeth Prelogar.Conservatives who have long opposed the modern administrative state have previously challenged laws that declared heads of agencies can only be fired for cause.
The CFPB was the brainchild of then White House aide, and now U.S. Senator Elizabeth Warren. She issued a statement Monday noting that lower courts have previously and repeatedly upheld the constitutionality of the CFPB.
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