https://www.scotusblog.com/case-files/cases/seila-law-llc-v-consumer-financial-protection-bureau/Seila Law LLC vs CFPB has been decided.
The single, non-fireable director structure of the CFPB has been declared unconstitutionalRoberts writes for the majority saying that the CFPB violates the constitution by concentrating unaccountable power in one person, which is reserved for the executive branch's president:
Quote
(2) The CFPB’s single-Director configuration is also incompatible with the structure of the Constitution, which—with the sole exception of the Presidency—scrupulously avoids concentrating power in the hands of any single individual. The Framers’ constitutional strategy is straightforward: divide power everywhere except for the Presidency, and render the President directly accountable to the people through regular elections. In that scheme, individual executive officials may wield significant authority, but that authority remains subject to the ongoing supervision and control of the elected President. The CFPB’s
single-Director structure contravenes this carefully calibrated system by vesting significant governmental power in the hands of a single individual who is neither elected by the people nor meaningfully controlled (through the threat of removal) by someone who is. The Director may unilaterally, without meaningful supervision, issue final regulations, oversee adjudications, set enforcement priorities, initiate prosecutions, and determine what penalties to impose on private parties. And the Director may do so without even having to rely on Congress for appropriations. While the CFPB’s independent, single-Director structure is sufficient to render the agency unconstitutional, the Director’s five-year term and receipt of funds outside the appropriations process heighten the concern that the agency will “slip from the Executive’s control, and thus from that of the people.”
The CFPB director now serves at the pleasure of the president and can be fired and replaced at the president's order.
The section of the law that protected the CFPB director from firing is severed from the Dodd-Frank Act, and the CFPB is allowed to continue existing as an agency and Dodd-Frank stays in effect, but no more unaccountable power structure.
Elizabeth Warren just got fucking tomahawked
This post was edited by Goomshill on Jun 29 2020 08:32am
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