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Supreme Court of the United States › Appropriation

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Goodwin

Supreme Court Upholds CFPB’s Funding Structure

Goodwin on

On May 16, 2024, the U.S. Supreme Court issued a significant opinion in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd., upholding the funding structure of the Consumer...more

Katten Muchin Rosenman LLP

The CFPB Lives On and Arbitrable Lawsuits Must Be Stayed (Not Dismissed)

Katten Muchin Rosenman LLP on

The Supreme Court was busy last week issuing opinions of interest to consumer finance companies, CFPB-regulated entities, and anyone who finds themselves enforcing arbitration rights in court....more

Paul Hastings LLP

The CFPB Survives: Our Take on the Supreme Court Decision

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On May 16, 2024, the United States Supreme Court, in a 7-2 opinion authored by Justice Clarence Thomas, upheld the constitutionality of the funding mechanism of the Consumer Financial Protection Bureau (“CFPB” or “Bureau”)....more

Ballard Spahr LLP

CFPB Remarks on SCOTUS Decision; Extended 1071 Small Business Lending Compliance Dates

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On May 16, 2024, the U.S. Supreme Court, in a 7-2 decision, ruled that the CFPB’s funding mechanism does not violate the Appropriations Clause of the U.S. Constitution....more

Hudson Cook, LLP

Supreme Court Upholds CFPB Funding Structure, Clears Way for Payday Lending Rule Implementation

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By a 7-2 vote today, the U.S. Supreme Court rebuffed a challenge to the constitutionality of the Consumer Financial Protection Bureau's funding structure, lifting a cloud that threatened the agency's enforcement and...more

Wiley Rein LLP

Supreme Court Upholds CFPB Funding Structure as Constitutional

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On May 16, 2024, the U.S. Supreme Court issued its decision in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd. In an opinion by Justice Thomas, the Court held, 7-2, that...more

Bradley Arant Boult Cummings LLP

Supreme Court Upholds Constitutionality of CFPB’s Funding Mechanism

Bradley Arant Boult Cummings LLP on

“Although there may be other constitutional checks on Congress’ authority to create and fund an administrative agency, specifying the source and purpose is all the control the Appropriations Clause requires.” With these...more

Morrison & Foerster LLP

U.S. Supreme Court Holds CFPB Funding Structure Constitutional

Morrison & Foerster LLP on

On May 16, 2024, the U.S. Supreme Court held in a 7-2 decision that the funding structure of the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) complies with the Appropriations Clause of the United States...more

Foley & Lardner LLP

Supreme Court Rules That the CFPB Is Constitutionally Funded

Foley & Lardner LLP on

On May 16, 2024, the Supreme Court reversed a Fifth Circuit decision which held that the funding for the Consumer Financial Protection Bureau (CFPB) violated the Appropriations Clause. This case was viewed as pivotal to the...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court rules CFPB funding structure is constitutional

Orrick, Herrington & Sutcliffe LLP on

On May 16, the U.S. Supreme Court ruled 7-2 that the funding structure of the CFPB was consistent with the Constitution’s appropriations clause, reversing a decision of the U.S. Court of Appeals for the Fifth Circuit that had...more

Dorsey & Whitney LLP

The Supreme Court Update - May 16, 2024

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The Supreme Court of the United States issued three decisions today: CFPB v. Community Financial Services Association of America, Limited, No. 22-448: This case involves a constitutional challenge to the federal Consumer...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd.

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On May 16, 2024, the Supreme Court decided Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd., No. 22-448. The Court held that Congress’ statutory authorization allowing the...more

Kelley Drye & Warren LLP

Supreme Court Upholds CFPB Funding Mechanism as Constitutional, Quelling Uncertainty and Reinvigorating the CFPB’s Docket

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In a long-awaited decision with profound implications for the future of the agency, the Supreme Court held 7-2 today that the Consumer Financial Protection Bureau (CFPB) is constitutionally funded. CFPB officials can breathe...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Hears Challenge to Agency Tasked With Helping Students Make Informed Decisions About Paying for College

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Consumer Financial Protection Bureau (CFPB), a government agency that protects consumers in the financial sector, is potentially at risk following oral argument on October 3, 2023, before the Supreme Court of the United...more

Venable LLP

C[FPB] You Later? Agency’s Future Hangs in the Balance After Oral Argument

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On October 3, the Supreme Court heard oral argument in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited, where the Court is reviewing the Fifth Circuit’s opinion that struck...more

Hudson Cook, LLP

U.S. Supreme Court Hears Oral Argument on Whether CFPB's Funding Mechanism Is Constitutional

Hudson Cook, LLP on

On October 3, 2023, the U.S. Supreme Court heard oral argument in Consumer Financial Protection Bureau v. Community Financial Services Association of America. At issue is the constitutionality of the CFPB's funding structure,...more

Orrick, Herrington & Sutcliffe LLP

States urge Supreme Court to find CFPB funding unconstitutional

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On July 10, the West Virginia attorney general, along with 26 other states, filed an amicus brief in support of respondents in Consumer Financial Protection Bureau v. Community Financial Services Association of America,...more

Orrick, Herrington & Sutcliffe LLP

CFSA says CFPB funding violates Constitution

Orrick, Herrington & Sutcliffe LLP on

On July 3, the Community Financial Services Association of America (CFSA) and the Consumer Service Alliance of Texas filed their brief with the U.S. Supreme Court, urging the high court that the CFPB’s independent funding...more

Orrick, Herrington & Sutcliffe LLP

CFPB, New York AG ask court to lift stay after 2nd Circuit decision

Orrick, Herrington & Sutcliffe LLP on

On March 31, plaintiffs CFPB and the New York Attorney General moved the U.S. District Court for the Southern District of New York to lift its stay order in their litigation against a remittance provider in response to a...more

Hinshaw & Culbertson - Consumer Crossroads

A Circuit Split Emerges on the Constitutionality of the CFPB's Funding Structure, Months Before the Issue Comes Before the U.S....

Hinshaw & Culbertson - Consumer Crossroads on

On March 23, 2023, the Court of Appeals for the Second Circuit issued a decision in CFPB v. Law Offices of Crystal Moroney (Moroney). The case reviewed constitutional challenges to the Consumer Financial Protection Bureau's...more

Ballard Spahr LLP

SCOTUS extends briefing schedule in case challenging constitutionality of CFPB’s funding

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Having granted the certiorari petition filed by the CFPB seeking review of the Fifth Circuit panel decision in Community Financial Services Association of America Ltd. v. CFPB, the U.S. Supreme Court has granted the parties’...more

Burr & Forman

The U.S. Supreme Court Granted Certiorari to Determine Whether the CFPB’s Funding Structure Violates the Appropriations Clause of...

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On Monday, February 27, the United States Supreme Court granted the petition for a writ of certiorari in the case Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd., No. 22-448,...more

Venable LLP

Supreme Court Agrees to Hear Case Involving CFPB Funding

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On February 27, 2023, the Supreme Court granted the certiorari petition of the Consumer Financial Protection Bureau (CFPB) to hear a case that could cast doubt on all of the regulations that have been promulgated by the...more

Ballard Spahr LLP

SCOTUS agrees to decide whether CFPB’s funding is unconstitutional but will not hear case until next Term

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The U.S. Supreme Court has granted the certiorari petition filed by the CFPB seeking review of the Fifth Circuit panel decision in Community Financial Services Association of America Ltd. v. CFPB. In that decision, the Fifth...more

Troutman Pepper

Supreme Court to Hear CFPB Funding Case

Troutman Pepper on

This morning the U.S. Supreme Court granted the Consumer Financial Protection Bureau’s (CFPB or Bureau) petition for certiorari in Community Financial Services Association of America Ltd. (CFSA) v. CFPB, a case that could...more

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