Is the Consumer Financial Protection Bureau Unconstitutional?

We the People

National Constitution Center

History, News Commentary, News

4.6 • 1K Ratings

🗓️ 6 October 2023

⏱️ 46 minutes

🔗️ Recording | iTunes | RSS

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Summary

On Tuesday, October 3, the Supreme Court heard oral arguments in Consumer Financial Protection Bureau v. Community Financial Services Association of America. Industry groups representing payday lenders brought a challenge arguing that the CFPB funding structure is unconstitutional under the Appropriations Clause. The outcome of the case could have big effects not just on the future of the CFPB itself, but on the economy, markets, and the future of the administrative state. In this episode, two leading constitutional law scholars and Supreme Court experts—Brianne Gorod of the Constitutional Accountability Center, and Professor Jennifer Mascott of the Antonin Scalia Law School— join Center President and CEO Jeffrey Rosen to recap the oral arguments in the CFPB case, what questions or issues the justices were the most focused on, and predict how the Court might rule. Resources: CFPB v. CFSAA (oral argument transcript) Brianne Gorod/Constitutional Accountability Center, Amicus Brief in support of petitioners Jennifer Mascott/Separation of Power Clinic, Gray Center for the Study of the Administrative State, Amicus Brief of 132 members of Congress in support of respondents Seila Law v. CFPB (2020) Appropriations Clause, Interactive Constitution Questions or comments about the show? Email us at [email protected]. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly. You can find transcripts for each episode on the podcast pages in our Media Library.

Transcript

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0:00.0	On Tuesday, October 3rd, the Supreme Court heard oral arguments in Consumer Financial Protection Bureau versus community financial services.
0:08.0	Question in the cases whether the funding structure of the Consumer Financial Protection Bureau makes it unconstitutional
0:14.2	under the Appropriations Clause of the Constitution.
0:16.7	Hello friends, I'm Jeffrey Rosen, president and CEO of the National Constitution Center and welcome to We The People Weekly Show of Constitutional Debate.
0:28.0	The National Constitution Center is a nonpartisan nonprofit chartered by Congress to increase awareness and understanding of the Constitution
0:36.2	among the American people.
0:38.0	In this episode, I'm joined by two leading administrative law scholars to recap the oral arguments in the CFPB case
0:46.0	what questions the justices were most focused on
0:49.0	and to discuss the future of the administrative state.
0:53.0	Jennifer Masut is assistant professor of law and co-director of the C. Boyden Gray Center for the study of the administrative state at the Antonin Scalia Law School.
1:03.0	She previously served as Deputy Assistant Attorney General
1:05.6	in the Office of Legal Counsel.
1:07.2	She filed a brief on behalf of 132 members of Congress
1:11.0	for the respondent, and she clerked for Justice Thomas during the 2008 term.
1:16.0	Jennifer, it is wonderful to welcome you back to We The People.
1:20.0	Great to see you, great to be here and be part of your important work. And Brian Garad is the Constitutional
1:25.8	Accountability Centers Chief Counsel. She joined the CAC from
1:30.6	O' Melvenian Myers where she was counsel in the Supreme Court's firm,
1:34.4	and she clerked for Justice Breyer during the 2008 term,
1:38.0	meaning that she and Jen mascot clerked at the same time.
1:41.5	Brian, welcome back to We The People.
1:43.9	Great to be here.
	...

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