Supreme Court to Decide Constitutionality of CFPB

The Supreme Court today issued orders stemming from this morning's conference in which the Justices considered what new cases to take up.

Among those cases is Seila Law v. CFPB, which raises the question of the constitutionality of the placing the agency under a director protected against removal at will by the President. The Court also added another question of its own: What is the remedy if the CFPB is unconstitutionally structured?

In the Seila Law case, the CFPB defended its constitutionality in the lower courts even though the Department of Justice had already taken the position, shortly after President Trump took office, that the agency's structure was unconstitutional. In the Supreme Court, however, the agency has switched sides, and currently no party defends its constitutionality.

The Court is expected to appoint an amicus curiae to argue in favor of the agency. The argument will likely be in February, and the decision issued by the end of next June.


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