The Supreme Court on Thursday upheld the funding structure of the Consumer Financial Protection Bureau, a massive win for an agency constantly under fire from conservative corporate interest.
Without details as yet, first thoughts I have are what was the downside Thomas saw to fulfilling long awaited Robber Baron wet dreams? Pure fear of what consequences perhaps? Is his collosal ego even capable of considering this? Alito and Gorsuch taking the side of payday loan sharks is no shock at all, of course.
The end of Chevron deference will just mean they get to explicitly pick and choose which regulations they don’t like again, which is kind of what they already have been doing. It will lead to huge amounts of regulatory litigation, but it’s not going to wholesale wreck the administrative state.
Head fake by Thomas. His vote didn’t matter. It was gonna be 6-3 or 7-2, might as well be on the right side for once. CPFB lives to fight another day, but the EPA…?
The decision had to go this way, otherwise lots of pieces of the federal government funding structure could have been undone. It’s sad that such an obvious result is a surprise, but that’s how it is with this court.
His good buddy Harlan Crowe let him know invalidating the CFPB funding structure also invalidates the funding structure of all independent agencies, notably the Fed. Blow up the Fed and Crowe can wish his riches goodbye. No more private yacht vacations for Thomas.
Wow! Some good news from this court. But Steve Vladeck opines…
We’re going to come back to this a lot over the next six weeks, but please don’t confuse “#SCOTUS slaps down a wackadoodle Fifth Circuit decision” with “#SCOTUS is more moderate than its critics claim.” “Not as radical as the Fifth Circuit” is not the same as “moderate.”
The mistake was the plaintiffs asking for such a broad change. If they had found a way to make a narrow one (i.e. CFPB is unique in such a way that you can write a rule that eliminates it without touching other agencies like the Fed), it would have gotten a solid 6 votes on the Court.
Consider this a “right result, but for the wrong reasons” decision. Thomas et al have no love for the CFPB, but a ruling that invalidated it’s funding structure would have invalidated the Feds. You can be sure the FedSoc Billionaire Buddy system made sure to let the compromised Justices know it would be a bad idea to invalidate the Fed.