CFPB Funding Held Constitutional, Samuel Alito Gets Dragged For Saying Otherwise

This morning in Consumer Monetary Safety Bureau v. Group Monetary Providers Ass’n, the Supreme Court upheld the constitutionality of the CFPB’s funding mechanism and saved the regulator. The choice was 7-2 with Justice Clarence Thomas — joined by each liberal on the Bench — writing the bulk.

Thomas’s opinion lays out an easy case for the CFPB’s funding, which by statute, receives its cash from the Federal Reserve. “Below the Appropriations Clause, an appropriation is solely a legislation that authorizes expenditures from a specified supply of public cash for designated functions,” Thomas mentioned. He continued, “The statute that gives the Bureau’s funding meets these necessities. We due to this fact conclude that the Bureau’s funding mechanism doesn’t violate the Appropriations Clause.”

Appears easy, proper? Nicely, not in line with the dissent, penned by Justice Samuel Alito and joined by Neil Gorsuch. In a dissent working 25 pages, Alito trots out a supposedly originalist evaluation of the CFPB’s funding to seek out it unconstitutional. However the fact is, he wished to seek out the funding mechanism unconstitutional for his personal causes — which I’m positive are solely UNRELATED to the generous gifts he receives from billionaire/noted CFPB critic Paul Singer — and jury-rigged his rationale on the backend.

And he’s getting dragged for his nakedly partisan efforts.

It’s so unhealthy, even Clarence Thomas obtained in on the pile on.

Alito’s dissent is a deeply unserious affair and the nation’s economy is lucky it’s solely a dissent.

However the jokes about it *are* fairly humorous.

Immediately’s different massive loser — the Fifth Circuit (speak about unserious). It was their resolution holding the CFPB’s funding unconstitutional that was overturned at present. The Circuit continues their mission to maneuver the Overton window of jurisprudence to the suitable in order that the Supreme Courtroom doesn’t look fairly as radical by comparability.

Whereas sane people might have a good time that the CFPB — and our economy — lives to struggle one other day, it’s a very good reminder that too many highly effective jurists need to watch all of it burn.

Kathryn Rubino is a Senior Editor at Above the Legislation, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the most effective, so please join along with her. Be happy to e mail her with any suggestions, questions, or feedback and observe her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.