Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

FBaggins

(28,706 posts)
37. Again... I think you're missing the point
Wed Nov 29, 2017, 02:16 PM
Nov 2017

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.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Might as well shut the department down and give the $ straight to the finance industry then Freethinker65 Nov 2017 #1
Concur laserhaas Nov 2017 #12
Yup...bet those quicky loan joints are comin a big un..... Bengus81 Nov 2017 #35
A Chump-appointed judge sides with (surprise, surprise)... sandensea Nov 2017 #2
I trust the employed civil servants know how to handle Mulvaney. sadiegirl Nov 2017 #4
Trump reminds me of some of these right-wing third-world despots he likes to pal around with. sandensea Nov 2017 #18
The founding fathers I know are hopping up to conspire against the tyrant. librechik Nov 2017 #39
I hope they remember to keep Dense Pence in their sights too. sandensea Nov 2017 #40
We're going to redesign this agency--you are all fired pending further action librechik Nov 2017 #38
I thought I had already seen the ugliest Hump photo until seeing this one! My God. Judi Lynn Nov 2017 #17
Great idea! It really should be. sandensea Nov 2017 #19
I'm guessing TPTB realize there are just too many mouths to feed theaocp Nov 2017 #3
this will be used KT2000 Nov 2017 #5
I'm not sure how FBaggins Nov 2017 #9
If the agenct head quits KT2000 Nov 2017 #16
There are no longer any checks and balances in this country. OliverQ Nov 2017 #6
Is Appeal possible? charliea Nov 2017 #7
I thought I had seen that it was expected to be appealed BumRushDaShow Nov 2017 #11
She can... and the next court up leans left... FBaggins Nov 2017 #14
Seems like a flagrant conflict of interest for a judge newly appointed by Dump to then take on a diva77 Nov 2017 #20
Yes, and likely. The law is plainly on her side. SunSeeker Nov 2017 #27
totally expected here bluestarone Nov 2017 #8
Bad news. :( nt Honeycombe8 Nov 2017 #10
Next upper level ..court of appeals. irisblue Nov 2017 #13
What's ironic is that destroying the CFPB erodes the public's confidence in banks Yavin4 Nov 2017 #15
Unfortunately maxrandb Nov 2017 #23
Not surprising given the language of the bill. n/t Calista241 Nov 2017 #21
What "bill"? The law establishing the CFPB clearly states the Dep. Dir. becomes Acting Dir. SunSeeker Nov 2017 #28
And the law establishing the standard for vacancies in general says the Pres. picks FBaggins Nov 2017 #30
What is the name of the 9th Circuit case you are referring to? SunSeeker Nov 2017 #31
Hooks ex rel. NLRB v. Kitsap Tenant Support Servs FBaggins Nov 2017 #32
No, in Hooks the NLRB provision said the President "may" appoint. SunSeeker Nov 2017 #33
Where does the NLRB provision say "may"? FBaggins Nov 2017 #34
Hooks reads the NRLB vacancy provision as a "may." SunSeeker Nov 2017 #36
Again... I think you're missing the point FBaggins Nov 2017 #37
No, it appears you are missing the point. What part of "may" do you not understand? SunSeeker Nov 2017 #41
could someone here explain why bluestarone Nov 2017 #22
My question also. Owl Nov 2017 #24
He's running cilla4progress Nov 2017 #26
WTH?? onetexan Nov 2017 #25
There's too much focus on executives and political appointees DeminPennswoods Nov 2017 #29
Latest Discussions»Latest Breaking News»Court sides with Trump in...»Reply #37