Supreme Court weighs CFPB legality in case challenging funding of financial watchdog

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The Supreme Court will weigh arguments Tuesday in a case that challenges the funding design of the Consumer Financial Protection Bureau and seeks to effectively shut down the agency created during the Obama administration.

Formed amid the 2008 financial crisis, the CFPB's purpose is to protect consumers from predatory behavior from banks and other institutions while enforcing consumer financial laws. Sen. Elizabeth Warren is credited with conceiving the agency and has been sounding alarms about the oral arguments.

Last year, the 5th Circuit Court of Appeals, considered one of the most conservative appellate courts in the nation, ruled that the CFPB's funding structure is unconstitutional. Joseph Lynyak is a partner at the international firm Dorsey & Whitney and is on the fence about the plaintiffs' argument, telling the Washington Examiner the appropriations clause"has a long history of permitting Congress to fund governmental functions through what are essentially user fees," citing the U.S. Postal Service as one example.

For Alito, it's his one-time 2008 fishing trip to Alaska with billionaire Paul Singer that prompted Accountable.US President Caroline Ciccone to call for him to step aside. On Thomas's end, RDP said a recent report by the nonprofit outlet ProPublica, revealing his appearance at Koch Network events, should disqualify him because the network"spent years lobbying to gut" the law that created the CFPB.

 

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