Connect with us

State News

Supreme Court Petitioned to Limit Consumer Financial Protection Bureau’s Power

Published

on

27-state coalition, including Virginia, challenge CFPB’s unprecedented funding mechanism as unconstitutional

Attorney General Jason Miyares of Virginia, alongside a 27-state coalition of attorneys general, is urging the U.S. Supreme Court to affirm a lower court ruling that declared the Consumer Financial Protection Bureau’s (CFPB) unique funding mechanism as unconstitutional.

At the heart of the matter lies the CFPB’s ability to amass hundreds of millions of dollars annually by simply sending a half-page letter to the Federal Reserve. The federal agency, conceived during the Obama administration, has vast jurisdiction over the U.S. financial industry. However, a ruling by the U.S. Court of Appeals for the Fifth Circuit in October deems the funding model unconstitutional, stating it circumvents Congressional appropriations and violates the Constitution’s appropriations clause and separations of powers doctrine.

The Appropriations Clause of the U.S. Constitution entrusts Congress with the “power of the purse,” a mechanism to supervise federal agencies. The Fifth Circuit ruled that the 2010 Congress erroneously forfeited this power when it provided the CFPB with an autonomous, perpetual income stream. Since then, the CFPB has defied congressional oversight, acted inappropriately before federal courts, and excluded states and other stakeholders from vital regulatory decisions.

Arguing for the preservation of power separation and protection of state interests, Attorney General Miyares emphasized the necessity of the Supreme Court to uphold the Fifth Circuit’s decision, thereby restoring Congress’s oversight role.

Should the Supreme Court affirm the Fifth Circuit’s ruling, the CFPB would need to secure an appropriation approved by Congress through standard procedures. This change would provide Congress an opportunity to restrict some of the bureau’s activities, which have escalated borrowing costs for certain consumers and excluded others from the credit market altogether.

This case is exceptional in that all 50 states have expressed their views, making it one of the few instances where the voices of all states are heard in the Supreme Court.

Virginia has aligned itself with Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming in the brief.

Front Royal, VA
52°
Mostly Cloudy
6:53 am7:38 pm EDT
Feels like: 52°F
Wind: 2mph SE
Humidity: 95%
Pressure: 30.25"Hg
UV index: 0
SatSunMon
86°F / 66°F
70°F / 41°F
61°F / 43°F
State News11 hours ago

Spanberger Signs Bipartisan School-Safety, Student Support Bills Into Law

Obituaries11 hours ago

Melanie J. Pomeroy (1958 – 2026)

Obituaries12 hours ago

David Benjamin Heller (1990 – 2026)

Historically Speaking12 hours ago

1776 Wasn’t Just About Independence

Local Government12 hours ago

Three-Tiered System for Urban Agriculture Based on Lot Size Takes Shape at Town Planning Commission Work Session

Local News15 hours ago

Child Abuse Awareness Month Brings Focus to Reporting, Prevention in Warren County

Health20 hours ago

National Dental Hygienists Week: Is Your Oral Care Routine Optimal?

Interesting Things to Know21 hours ago

The Coin That Traveled Through Time and Space

Agriculture22 hours ago

One “What If?” Question Is Changing the Future of Farming

Community Events2 days ago

AA Speaker to Explain Recovery Program at United Methodist Men’s Dinner

Obituaries2 days ago

Jeannette M. Hyland (1944 – 2026)

Obituaries2 days ago

Allen William Derflinger II (1959 – 2026)

Job Market2 days ago

Warehouse Clerk: A High-Demand Job—Even With Robots

Health2 days ago

FDA Cracking Down on Compounded GLP-1 Drugs

Opinion3 days ago

“Christmas in April” or Overspending? Budget Draws Criticism

Local News3 days ago

Court Ruling Voids Prince William Data Center Rezoning, Raising Stakes for Local Debate

State News3 days ago

Spanberger Signs First Bills Targeting Healthcare, Housing and Energy Costs

Community Events3 days ago

Blue Ridge Singers Spring Concerts to Showcase Powerful Blend of Voices and Brass

Opinion3 days ago

What Counts as “Good Policy” Depends on Who’s in Power

State News3 days ago

Planned Parenthood Presses Virginia to Restore State Funding for Contraception Program

State News3 days ago

Weapon Offenses Rise on Virginia University Campuses

Regional News3 days ago

Trump Steps In to Pay TSA Workers as Congress Remains Stalled

Interesting Things to Know3 days ago

Escaping the ‘Captivity of Activity’ by Making Time to Rest

Interesting Things to Know3 days ago

Why Wearing a Bike Helmet Matters

Obituaries4 days ago

Wilma J. Martin (1927 – 2026)