Consumer Financial Protection Bureau’s fate is again in the hands of the Supreme Court
Joan Biskupic
February 17, 2023
The Supreme Court may decide as soon as Friday whether to tackle a new case that could further constrain the power of US regulators to delve into American businesses and individual lives.
In recent rulings, this conservative-dominated high court has been diminishing regulatory control for consumer protection, public health and the environment. The justices’ opinions have revealed major separation-of-powers concerns, along with a particular disdain for the countless pages of rules government imposes and a disregard for agency expertise, whether involving health services, workplace safety or consumer affairs.
The new case picks up from a battle three years ago involving the Consumer Financial Protection Bureau, when opponents targeted the agency’s structure and tried to dismantle its authority to safeguard mortgages, car loans, credit cards and other lending practices.
By a narrow vote, the justices struck down the CFPB’s single-director setup but allowed it to otherwise continue operating. Now, the agency is back before the high court, under scrutiny for its funding, which Congress established outside the usual appropriations process to ensure the bureau’s independence.
