Court rules consumer bureau's structure unconstitutional, allows it to operate

[DonViejo]

Source: The Hill

The nation’s second-most powerful court ruled Tuesday that the Consumer Financial Protection Bureau's (CFPB) structure is unconstitutional, but did not shut down the agency.

In its 2-1 ruling, the U.S. Court of Appeals for the D.C. Circuit said the independent agency's structure is unconstitutional because it’s headed by a single director instead of a multi-member board. The court, however, allowed the CFPB to continue to function by giving the president the power to remove and supervise the director. “With the for-cause provision severed, the President now will have the power to remove the director at will and to supervise and direct the director," Judge Brett Kavanaugh said in the court’s 110-page opinion.

“The CFPB therefore will continue to operate and to perform its many duties, but will do so as an executive agency akin to other executive agencies headed by a single person, such as the Department of Justice and the Department of the Treasury.”

The court said CFPB’s concentration of executive power in a "single, unaccountable, unchecked" director departs from historical practice and poses a greater risk of arbitrary decision making.

-snip-

Read more: http://thehill.com/regulation/court-battles/300371-federal-court-rules-cfpb-unconstitutional-allows-agency-to-operate

[Coolest Ranger]

1. We need a liberal

court to reverse this bull crap

[LS_Editor]

2. Better hope Trump doesn't win, or Charles Koch will be put in charge of it.

[jmowreader]

15. If Trump wins he'll abolish the agency

He's already got the new Great Seal of the United States designed..."E Pluribus Unum" has been sanded off and replaced with "every man for himself."

[bucolic_frolic]

3. Democrats

if able to pass legislation, have a host of things to adjust and protect

CFPB would be best with a structure that is not subject to the political
whims of one election, a revolving multi-member board for example

Look at the chumps Republicans have appointed as EPA, Interior Sekretaries

[Blue Idaho]

8. In our American past

Any problems with an agency of law would be worked out by a congress focused on doing good for as many Americans as possible. Today, the party of Trump has only one goal. To take from the poor and give to the rich.

[bucolic_frolic]

10. That's true. Hyperpartisanship

has finally been recognized as such. Democrats - Hillary - should
strengthen our institutions and laws and codes and systems. I think
Democrats make a mistake if they win this election and think it a
left wing mandate. Trump is a one-time gift. Washington needs fixing.
The political middle is being given a chance to assert itself and fix
a broken society. Have to say, unexciting as he is, Tim Kaine is such a
guy. So is Hillary.

[Blue Idaho]

12. Without a doubt - DC is broken.

I hope President Clinton and a democratic congress can help fix it. We all really need to push back against the "false equivalence" nonsense. Only one party has made it their stated goal to stop our government from working.

The recent notion that office holders should be continually campaigning and raising money for the next election is getting in the way of governing. I would love to see a law passed that would regulate exactly when campaigns start and stop. Much like the U.K. - I think 30 - 60 days is long enough for any and every campaign season to last.

As it is we have full time politicians and part time office holders. It's all about the fucking money.

[hedda_foil]

4. Without a ninth justice, the Supremes will undoubtedly let this stand with a 4/4 vote.

[FairWinds]

5. This is a good illustration of a point that I make often . .

It is incorrect to say that the GOP is engaged in "obstruction" of the
CFPB, ACA, US Postal Service, K-12 education, and much more.

It is actually sabotage.

[Fast Walker 52]

6. headline is misleading and the ruling seems fair

Last edited Tue Oct 11, 2016, 12:20 PM - Edit history (1)

[RAFisher]

9. That's what I thought

I didn't read the full decision but this seems like a minor problem. The CFPB being run by a panel opposed to a sole director doesn't seem to do anything to hurt the function of the CFPB.

[Fast Walker 52]

13. exactly.

Obviously would be different if they said the CPFB was unconstitutional overall. But the point of rulings like this insure even a Republican president won't abuse the office.

[yallerdawg]

7. Reminder that elections matter!

The D.C. Circuit panel, comprised of three judges, was unanimous in faulting how the CFPB brought an enforcement action against PHH. Judge Karen Henderson dissented on the constitutional holding, saying the court didn’t need to address that question to resolve the case. All three judges were appointed by Republican presidents.

http://www.wsj.com/articles/federal-appeals-court-finds-structure-of-cfpb-unconstitutional-1476197389

[geek tragedy]

11. there's a reason they put that severability clause in there.

I can't really say I find a lot of fault with the ruling. Imagine if an agency were set up by W Bush with that kind of power and inability to remove.

[Fast Walker 52]

14. my thoughts exactly