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To Save and Not to Destroy: Severability, Judicial Restraint, and the ...
As just one example, the Supreme Court has added a severability question to this Term’s docket questioning the constitutionality of the structure of the Consumer Finance Protection Bureau, asking whether—even if it holds that the leadership structure of the Bureau is unconstitutional—the rest of the Consumer Financial Protection Act ...
Consumer Financial Protection Bureau v. Community Financial …
May 16, 2024 · Today, the Supreme Court issued its decision in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd., a case that challenged the constitutionality of the Consumer Financial Protection Bureau’s (CFPB) funding mechanism. In a 7-2 decision, the Court held that the CFPB’s funding mechanism satisfied ...
SEILA LAW LCC v. CFPB and the Persistent Myths of Presidentialism
Seila Law LLC v. Consumer Financial Protection Bureau represents the high-water mark so far in the Roberts Court’s campaign to vindicate a theory of presidential power based more on myth than on constitutional text, structure, or history. The 5‒4 majority misreads the Constitution as concentrating vast administrative control irrevocably in ...
Radical Far-Right CFPB Taskforce Threatens Consumer Protection
May 18, 2020 · But unlike the five-member, ideologically homogeneous taskforce, accountable only to the director of the CFPB, the National Commission on Consumer Finance was specifically authorized and funded by Congress; its work was bipartisan; a majority of its 12 members, supported by dozens of staff and student researchers, were members of Congress ...
Foreword- The Preservation of Innocence: The 2019 Supreme …
Peter Shane’s essay on Seila Law LLC v Consumer Financial Protection Bureau illustrates what he calls the “high water mark” of a theory of presidential power—the unitary executive—that has been part and parcel of the conservative political agenda since the 1980s and the election of Ronald Reagan. In this case, ostensibly, the ...
What’s in a Name? The Gutting of the CFPB | ACS - acslaw.org
Feb 15, 2018 · The original plan identified the CFPB’s goals as “[p]revent[ing] financial harm to consumers while promoting good practices that benefit them,” and “empower[ing] consumers.” The agency also took responsibility to “inform the public. . . with data-driven analysis of consumer finance markets and consumer behavior.”
next several months also offer a more specific opportunity for reform: a new rule by the Consumer Financial Protection Bureau (CFPB) restricting forced arbitration in consumer finance contracts. Increased public attention will be critical to this process. Following its …
Richard Cordray | ACS - American Constitution Society
Mar 12, 2020 · Richard Cordray served for six years as the first Director of the Consumer Financial Protection Bureau. Before joining the Consumer Bureau, Rich served as Ohio's Attorney General. He also served as Ohio Treasurer, where he led the State's banking, investment, debt, and financing activities.
Seila Law v. Consumer Financial Protection Bureau: Score One for …
Jun 30, 2020 · CONSUMER FINANCIAL PROTECTION BUREAU, No. 19-7, the Supreme Court, in an opinion written by Chief Justice John Roberts, held that the restrictions on the power of the President to remove the director of the CFPB are unconstitutional. The outcome, including the 5-4 vote on the merits, was expected, and was a major victory for those who support ...
Corner Post, Inc. v. Board of Governors of the Federal Reserve …
Jul 1, 2024 · Today, the Supreme Court issued a 6-3 decision in Corner Post, Inc. v. Board of Governors of the Federal Reserve System, holding that the Administrative Procedures Act’s six-year statute of limitations for facial challenges of final regulations does not begin until the plaintiff is injured by the regulation, rather than at the time the regulation is made final.