The Supreme Court said Friday it will hear a case challenging the constitutionality of the
Consumer Financial Protection Bureau, the agency President
Barack Obama and
Sen. Elizabeth Warren set up to police Wall Street in the wake of the Great Recession.
The case is a major test of Congress’ powers and the expanding regulatory state.
At issue is whether the
CFPB, an “independent” agency that vests its powers in a single chief who gets funding outside the usual appropriations process and is shielded from being fired by the president, is too powerful to survive scrutiny.
For
Ms. Warren, architect of the
CFPB, that independence was the point — she wanted a Wall Street cop who couldn’t be swayed by political pressure.
But critics say the country’s founders feared that kind of concentration of power in the hands of an unelected official, which is why most agencies are answerable directly to the president or, if they’re independent, they have multiple commissioners or directors to spread power around.
Lower courts have offered conflicting rulings on the agency — including the Circuit Court of Appeals in Washington, where then-Judge Brett Kavanaugh led a three-judge panel in ruling the
CFPB was unconstitutional, then dissented in a later ruling when the full appeals court overturned his decision and found the panel to pass muster.
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