Supreme Court Casts Doubt On Independence Of Consumer Protection Agency

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The White House is challenging protections for CFPB's independence from presidential firing. The Supreme Court will decide if this independence is too much power for an agency or if it's protection from political control.

If you have a mortgage or a loan or a credit card, you likely have more protection from deceptive practices in the financial services industry today than you did at the time of the 2008 financial crash. But at the Supreme Court Tuesday, the court's conservative majority voiced skepticism about the independent agency Congress created to protect consumers from abuse in the financial services industry.

First up to the lectern Tuesday morning was Seila's lawyer Kannon Shanmugam."Never before in American history has Congress given so much executive power to a single individual who does not answer to the President," he said. Francisco replied that the"general rule is that ... we will defend acts of Congress ... but there is an exception" when a law infringes on the president's power. This law does that, he said, by not allowing the president to fire the director over policy differences. Other independent regulatory agencies, run by multi-member commissions are different, he argued, because they operate based on consensus.

But"removal is like a nuclear bomb," replied Kagan. There are many other ways a president can control officers — appointment, term limits — why this one? Sotomayor stepped in, asking Clement to address"head on" the"assumption that ... the president needs unfettered discretion to execute the laws."

 

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Lol at the people commenting on this story. “This agency should be able to enact the Left’s agenda unchecked! Anything less is political intervention! Elections shouldn’t have consequences! We should have all the federal govt power forever since we won an election in 2008!”

At this point the Supreme Court has become merely another political tool.

Best be protection from political control!

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