The Supreme Court Update - February 27, 2023

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Today, the Supreme Court of the United States granted certiorari in two cases:
Consumer Financial Protection Bureau v. Community Fin. Services Assn., No. 22-448: This case involves a constitutional challenge to the Consumer Financial Protection Bureau, the federal agency tasked with protecting consumers in the financial sector. The question presented is: Whether the court of appeals erred in holding that the statute providing funding to the Consumer Financial Protection Bureau, 12 U.S.C. § 5497, violates the appropriations clause in Article I, Section 9 of the Constitution, and in vacating a regulation promulgated at a time when the Bureau was receiving such funding.

Pulsifer v. United States, No. 22-340: This statutory interpretation and criminal sentencing case concerns the criteria necessary for a defendant to be sentenced under the “safety valve” provisions of the federal sentencing statute, rather than the mandatory minimum. The question presented is: Whether defendants satisfy the criteria in 18 U.S.C. § 3553(f)(1) as amended by the First Step Act of 2018 in order to qualify for the federal drug-sentencing “safety valve” provision so long as they do not have (a) more than four criminal history points, (b) a three-point offense, and (c) a two-point offense, or whether defendants satisfy the criteria so long as they do not have (a), (b), or (c).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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