The Supreme Court will review the 5th Circuit’s CFPB ruling next term to decide whether the federal judiciary should sabotage the economy.
“As a threshold matter, we cannot find any support for the Fifth Circuit’s conclusion in Supreme Court precedent,” Sullivan wrote. “To the contrary, the Court has consistently interpreted the Appropriations Clause to mean simply that ‘the payment of money from the Treasury must be.’ ” For support, he cited five Supreme Court cases—from 1877 through 2020—that affirmed this principle.
“We likewise find no support for the Fifth Circuit’s reasoning in the Constitution’s text,” Sullivan went on. “Nothing in the Constitution” demands that “agency appropriations be ‘time limited’ or that appropriated funds be drawn from a particular ‘source.’ ” Indeed, he pointed out, the Constitution’s only time limitation in this area forbids Congress from appropriating money to the army for longer than two years.
Sullivan’s opinion reads like something Chief Justice John Roberts or Brett Kavanaugh would write. And that may be the point. The Supreme Court is already set to settle this issue next term, and Sullivan’s analysis sounds tailored to the court’s swing votes. He has an influential voice: Sullivan was
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