Even Clarence Thomas Can See That the 5th Circuit Is Just Making Up Nonsense

Photo illustration by Slate. Photos by Collection of the Supreme Court of the United States via Getty Images and SupremeCourt.gov.on Thursday, upholding the Consumer Financial Protection Bureau’s funding structure by a 7–2 vote. Incredibly, Justice Clarence Thomas, the court’s staunchest conservative, wrote the majority opinion emphatically rejecting the 5U.S. Circuit Court of Appeals’ claim that the CFPB, a consumer watchdog agency, is unconstitutional.

Are these kings’ squabbles with the British Parliament over “tonnage and poundage duties” especially germane to the meaning of the U.S. Constitution? Of course not. Alito just zeroed in on this chapter of dubious relevance because he believed it bolstered his foregone conclusion. Which means, as Thomas wrote, that he “largely ignores the historical evidence that bears most directly on the meaning of ‘appropriations’ at the founding.”Circuit to cut it out with the nuttiness.

The big question now is whether this coalition of sanity will hold for the remainder of the term. Some of the biggest outstanding cases involve 5from communicating with social media companies about disinformation. Affirming even one of these wild decisions, which the conservative justices arewho keep jamming the Supreme Court with these gonzo rulings. Republican Party leaders have expressed dissatisfaction that Trump’s appointees do not unfailingly do their bidding.

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