Supreme Court’s Decision Preserving Senator Warren’s Consumer Finance Regulator Sets ‘Dangerous’ Path for Expansion of Administrative State

‘This decision shows there’s no guarantee that the conservative majority is going to rule in the way that most conservatives or libertarians would expect,’ one attorney tells the Sun.

AP/J. Scott Applewhite, file
The Supreme Court at Washington, October 10, 2017. AP/J. Scott Applewhite, file

The Supreme Court’s decision on Thursday in shooting down a challenge that could have upended the Consumer Financial Protection Bureau signals that the conservative majority may not be as likely to challenge Congress’s delegation of power to federal agencies as some conservative critics had hoped.

The majority, in a seven-two decision this week, ruled that the riders of the Fifth Circuit of the U.S. Court of Appeals erred when it held that the way Congress funded the consumer watchdog agency — by authorizing the Bureau to draw funding it deemed “reasonably necessary” from the Federal Reserve System — was unconstitutional. 

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