SCOTUS rules that the President can fire the head of the CFPB at will. (user search)
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  SCOTUS rules that the President can fire the head of the CFPB at will. (search mode)
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Author Topic: SCOTUS rules that the President can fire the head of the CFPB at will.  (Read 1938 times)
The Mikado
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« on: June 29, 2020, 12:49:57 PM »

The Supreme Court has ruled in Seila Law v. CFPB that the CFPB's leadership structure - which features a single head removable only for inefficiency, neglect, or malfeasance - violates the separation of powers (in that it places a limit - imposed by Congress, a co-equal branch of government - on the President's Article II authority over executive branch officials).

The agency survives, with only its 'for-cause' removal provision within the Dodd-Frank Act declared unconstitutional.

Written by Chief Justice Roberts, the ruling holds that said removal provision CAN indeed be severed from the other statutory provisions bearing on the CFPB's authority. "The agency may therefore continue to operate, but its Director, in light of our decision, must be removable by the President at will."

Serious, real question:

How do you square this with the Federal Reserve, which is structured much the same way, with a Chairman immune from firing?
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The Mikado
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« Reply #1 on: January 23, 2021, 01:28:52 PM »

What a legally nonsensical, morally abhorrent decision.

Popping back onto the forum for a moment to observe that, between this, abortion, LGBT rights, voting rights, etc. etc. etc., the Roberts Court makes perfect sense if (and only if) you interpret it as a class institution that imposes the preferences of the stratum of society that gets appointed to the federal judiciary. Most of these people are at heart Optimates rather than liberals or conservatives in the usual modern sense.



Still feel like this was a bad decision?
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