that spawned it, requires courts to defer to any “reasonable” agency interpretation of the ambiguities or silences in a law. In practice, Chevron deference enables agencies to often overstep their authority by treating vague language or doubtful gaps in a statute as authorization for actions that the agencies favor but which Congress never intended.
If the defendants win their Seventh Amendment claim, agencies will have to send more of their enforcement cases to federal court. This probably wouldn’t affect that many cases. There aren’t many suits at common law, and most agencies don’t bring them.
This makes the CFPB uniquely immune from congressional control. And like the SEC, the CFPB has both rulemaking and law enforcement powers, which can easily be used to advance the CFPB’s own agenda rather than Congress’. Indeed, the CFPB has facedThe CFPB’s challengers—businesses subject to the CFPB’s payday lending rule—allege the agency’s funding mechanism violates the Constitution’s appropriations clause.
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