Supreme Court declines to hear challenge to CFPB constitutionality
The split between courts on the issue of the CFPB’s constitutionality remains unresolved as the Supreme Court refuses to take the case.
The U.S. Supreme Court on Monday declined to hear a case challenging the constitutionality of the CFPB’s structure.
As always, the court gave no reason for refusing to take the case.
Courts have been divided over the issue, with the federal Appeals Court for the District of Columbia ruling that the makeup of the bureau is constitutional. However, the Fifth Circuit Court of Appeals has ruled that the FHFA’s structure is unconstitutional; that agency has the same structure as the CFPB.
For now, the split between the circuits remains unresolved.
Credit union trade groups have said the CFPB should be governed by a commission and that the agency should be subject to the annual appropriations process.
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