Allan Jones (businessman)

NCLA Amicus Brief Urges Supreme Court to Strike Down CFPB’s Unconstitutional Funding Method

Retrieved on: 
Monday, July 10, 2023

Washington, D.C., July 10, 2023 (GLOBE NEWSWIRE) -- The Consumer Financial Protection Bureau operates with an illegitimate funding method, outside of direct Congressional control.

Key Points: 
  • Washington, D.C., July 10, 2023 (GLOBE NEWSWIRE) -- The Consumer Financial Protection Bureau operates with an illegitimate funding method, outside of direct Congressional control.
  • However, the Supreme Court should recognize that Congress did not have the right to divest itself of power over CFPB’s budget under the Appropriations Clause in Article I of the Constitution.
  • In October, the U.S. Court of Appeals for the Fifth Circuit correctly reached that conclusion in CFSA v. CFPB.
  • Circuit Court of Appeals for the Second Circuit has since issued a decision upholding CFPB’s funding structure in CFPB v. Law Offices of Crystal Moroney, creating a circuit split that NCLA asks the Supreme Court to resolve in CFSA’s favor.