Analysis

Roberts May Have Tipped Hand With Focus On CFPB Funding

By Jon Hill (March 4, 2020, 10:38 PM EST) -- The U.S. Supreme Court case challenging the constitutionality of the Consumer Financial Protection Bureau's structure has so far focused on the for-cause removal restriction shielding the agency's director, so why does Chief Justice John Roberts have another controversial design feature of the agency on the brain?

During oral arguments in Seila Law LLC v. CFPB, the chief justice set himself apart as the only member of the high court to draw attention to the CFPB's ability to fund its operations from the Federal Reserve rather than having to go to Congress for appropriations.

This self-funding mechanism helps give the CFPB its...

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