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In reply to the discussion: Court sides with Trump in consumer agency fight [View all]FBaggins
(28,706 posts)They ruled that both acts provide options for the President to use. He clearly did not follow the model set out by NLRA. He did not do what he was authorized to do. The point of the Hook lawsuit was the the GC's decisions weren't valid because he wasn't appointed in the manner that the NLRA required. The court ruled that the fact that the statute provided for one path to an acting GC did not mean that the FVRA path was not an option... it merely mean that it was not the exclusive option.
The argument in this case is that the FVRA path is no longer an option if a different path is stated in the CFPB statute. Clearly Hook contradicts that position - which is probably why even the CFPB's own lawyers (clearly not Trump picks) gave the same opinion.