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Supreme Court gives president power to fire head of financial watchdog agency created by Elizabeth Warren
washington examiner ^ | 6/29/2020 | nihal krishan

Posted on 06/29/2020 9:12:56 AM PDT by bitt

The Supreme Court ruled Monday that the structure of the Consumer Financial Protection Bureau is unconstitutional, determining that its head must be removable at the will of the president.

The decision reduces the power of the agency, the brainchild of Elizabeth Warren, and is a victory for business groups. The court stopped short, though, of eliminating the bureau, as sought by conservatives.

"The agency may therefore continue to operate, but its Director, in light of our decision, must be removable by the President at will," Chief Justice John Roberts wrote for the 5-4 majority.

The decision agreed with a California-based law firm’s argument that the bureau’s leadership structure, featuring a sole director who was removable “only for cause,” violated the separation of powers rule under the U.S. Constitution.

he ruling overturns a federal district court ruling and appellate court decision that had rejected the law firm’s arguments. Cases challenging the constitutionality of the agency have been weaving their way through the lower courts in the past few years.

In 2016, Justice Brett Kavanaugh, then a judge on the U.S. Court of Appeals for the District of Columbia Circuit, said in a ruling in a similar case that the director of the CFPB was, except for the president, the “single most powerful official in the entire U.S. Government, at least when measured in terms of unilateral power.”

(Excerpt) Read more at washingtonexaminer.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Government; US: Massachusetts
KEYWORDS: cfpb; elizabethwarren; fauxahontas; massachusetts; slingingbull; supremecourt
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1 posted on 06/29/2020 9:12:56 AM PDT by bitt
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To: Whenifhow; null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; ...

p


2 posted on 06/29/2020 9:13:57 AM PDT by bitt (Let justice be done though the heavens fall – Fiat justitia ruat cælum)
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To: bitt

Bookmark


3 posted on 06/29/2020 9:16:00 AM PDT by Pajamajan ( Pray for our nation. Thank the Lord for everything yave. Don't wait. Do it today.is)
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To: bitt

Has the Louisiana abortion decision come out yet? I’m dead sure Roberts will screw us there.


4 posted on 06/29/2020 9:22:17 AM PDT by FlipWilson
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To: bitt

The whole darn thing is unconstitutional.

But then again so was the usurper that signed it into law.

The usurper that was sworn in by John Roberts in direct violation of the Constitution.


5 posted on 06/29/2020 9:23:26 AM PDT by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents|Know Islam, No Peace-No Islam, Know Peace)
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To: FlipWilson

He did. Struck down.


6 posted on 06/29/2020 9:24:03 AM PDT by mad_as_he$$ (Voting for Biden is like eating a dog turd because you don't like broccoli. Vote for Trump!)
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To: bitt

This is a low profile case. My theory is that Roberts is liberal on high profile cases and conservative on low profile cases.


7 posted on 06/29/2020 9:24:45 AM PDT by lasereye
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To: bitt

This looks to be a large victory in terms of eliminating another unelected and unaccountable federal deep state agency. Trump should now stomp on the throttle and put every other unconstitutional agency in front of the court. Including the Federal Reserve!


8 posted on 06/29/2020 9:24:50 AM PDT by rwoodward ("god, guns and more ammo")
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To: FlipWilson

He did. Sided with the other baby killers.


9 posted on 06/29/2020 9:27:42 AM PDT by ealgeone
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To: bitt

I hope Trump takes his dear, sweet time in getting a new CFPB head, then put in someone who will drag it around and prevent it from doing any harm ...


10 posted on 06/29/2020 9:28:36 AM PDT by jeffc (I'm a Patriot, and the media are our enemy)
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To: bitt

Good. Maybe with a better SCOTUS makeup in Trump’s second term, they can get rid of the entire thing.


11 posted on 06/29/2020 9:29:44 AM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.)
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...
The Supreme Court ruled Monday that the structure of the Consumer Financial Protection Bureau is unconstitutional, determining that its head must be removable at the will of the president... The court stopped short, though, of eliminating the bureau, as sought by conservatives.
IOW, the Supreme Court is no longer a valid third branch.

12 posted on 06/29/2020 9:29:53 AM PDT by SunkenCiv (Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
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To: bitt

Then the President can appoint a director that can trim the size of the agency down to just one person, the director himself.


13 posted on 06/29/2020 9:30:38 AM PDT by precisionshootist (ui)
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To: jeffc

Isn’t that the same agency that Mulvaney became the head of? (in addition to the OMB)

I liked how he locked the office door of the prior executive head. That was an impasse that lasted about a week.

The best part was when he was summoned to congress, he showed up and said: you can compel me to show up, and here I am, but you have made this agency so powerful and unaccountable that you don’t have the authority to compel me to respond to questions, so I am just going to do crossword puzzles while I sit here. Hahahahahaha!


14 posted on 06/29/2020 9:35:31 AM PDT by Toughluck_freeper
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To: bitt

Proves Reagan’s definition of “eternal life”: Government agencies.


15 posted on 06/29/2020 9:40:06 AM PDT by DPMD (uo)
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To: bitt

Gee thanks Supreme Court. They are “allowing” the elected President to actually decide who works in the executive branch….


16 posted on 06/29/2020 9:41:57 AM PDT by PGR88
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To: SunkenCiv
The Supreme Court ruled Monday that the structure of the Consumer Financial Protection Bureau is unconstitutional, determining that its head must be removable at the will of the president

It follows that the President has the power to remove the head, decline to name a successor including an acting Director, and abolish the organizaton. Of course, given the recent SCOTUS rulings, someone will challenge those actions and five of the Justices will be tempted to subvert the powers of the Executive and the Congress and rule by fiat.

17 posted on 06/29/2020 9:44:00 AM PDT by centurion316
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To: Lurkinanloomin

He wasn’t really sworn in at the time of his official inauguration. Roberts did a kind of “Klatuu barrabas necktie” version of the oath. They said it was corrected later.


18 posted on 06/29/2020 9:52:22 AM PDT by I-ambush (One foot in the grave, one foot on the pedal I was born to rebel.)
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To: bitt

This was never in question, UNTIL that Trump hating lib did not leave her post.


19 posted on 06/29/2020 9:52:36 AM PDT by KC_Conspirator
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To: I-ambush

Both times the oath was done once in public and another in private, very strange......


20 posted on 06/29/2020 9:54:24 AM PDT by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents|Know Islam, No Peace-No Islam, Know Peace)
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