The High Court Report

Oral Argument: CFPB v. Community Financial Services Assn. of America, Ltd. | Case No. 22-448 | Date Argued: 10/3/23 | Date Decided: 4/16/24


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Case Info: Consumer Financial Protection Bureau v. Community Financial Services Assn. of America, Ltd. | Case No. 22-448 | Date Argued: 10/3/23 | Date Decided: 4/16/24

Question Presented: Whether the court of appeals erred in holding that the statute providing funding to the Consumer Financial Protection Bureau (CFPB), 12 U.S.C. 5497, violates the Appropriations Clause, U.S. Const. Art. I,§ 9, Cl. 7, and in vacating a regulation promulgated at a time when the CFPB was receiving such funding.

Holding: Congress' statutory authorization allowing the Consumer Financial Protection Bureau to draw money from the earnings of the Federal Reserve System to carry out the bureau's duties, 12 U.S.C. § 5497(a)(l)-(2), satisfies the appropriations clause.

Result: Reversed and remanded.

Voting Breakdown: 7-2. Justice Thomas delivered the opinion of the Court, in which Chief Justice Roberts and Justices Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson joined. Justice Kagan filed a concurring opinion, in which Justices Sotomayor, Kavanaugh, and Barrett joined. Justice Jackson filed a concurring opinion. Justice Alito filed a dissenting opinion, in which Justice Gorsuch joined.

Link to Opinion: Here.

Oral Advocates:

  • For Petitioner: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D.C.
  • For Respondents: Noel J. Francisco, Washington, D.C.

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