NEW: The Supreme Court UPHOLDS the CFPB's funding structure in a 7–2 opinion by Justice Clarence Thomas (of all people), emphatically shooting down the 5th Circuit's claim that it violates the Constitution's appropriations clause. www.supremecourt.gov/opinions/23p...
Today's decision is a HUGE victory for the CFPB and a major defeat not only for the corporate lobby, but for the 5th Circuit, which embraced a theory so radically anti-historical and atextual that JUSTICE THOMAS wrote the opinion emphatically reversing it.
In case Justice Thomas' smackdown for the 5th Circuit weren't enough, Justice Kagan wrote a concurrence—joined by Sotomayor, KAVANAUGH, and BARRETT—explaining why the 5th Circuit's analysis of constitutional history and tradition was completely wrong. www.supremecourt.gov/opinions/23p...
Today's CFPB decision has a lot in common with the last Obamacare case: The 5th Circuit went so far off the tracks that it got a spanking in the form a vehement 7–2 reversal by SCOTUS, with even Justice Thomas concluding that the 5th Circuit's nihilistic arsonists lost the plot.
That said, no one should interpret today's CFPB decision as proof that the Supreme Court is "moderating" or "compromising" or "shifting to the center." Not at all.
The decision is evidence of how totally lawless the 5th Circuit has become—because this case shouldn't even exist!
I sometimes think that on some cases they end up getting earful of "do you have any idea how much extra WORK this will make for us if you do this!?" from the District and Circuit courts.
You can never guess with this crew. Every time it’s “SCOTUS decides” and you can count on a maybe 25% chance that they might actually decide correctly.
Important point to make there. The 5th Circuit is completely out of control. Dobbs shouldn't have made it to SCOTUS either -- the 5th Cir had to ignore Whole Woman's Health (2016) to get it there
is a fair interpretation of how this will actually play out "Yeah the CFPB can exist and be funded this way, but we aren't going to actually let them do anything so don't worry corporate homies, just bring cases against things they try to do."
Traditionalist Catholicism and hard right BS need to be checked.
If Clarence Thomas of all people thinks the 5th Circuit is going too far how bad is all the shit we haven't seen?
myferretsatepepethefrog.blogspot.com/2024/05/miss...
