
Justices Alito, Gorsuch Dissent in Consumer Agency Ruling, Call Majority Decision ‘Unprecedented’
Supreme Court Justice Samuel Alito penned a strongly worded dissent deriding his colleagues’ May 16 decision to uphold a financial regulator’s controversial funding mechanism. The case—Consumer Financial Protection Bureau (CFPB) v. Community Financial Services Association of America (CFSA)—questioned the constitutionality of CFPB’s ability to determine its level of funding from The Federal Reserve, albeit with limited restrictions. The case is one of several posing major questions this term about the scope of administrative power. Congress set up that funding scheme when it created the agency but CFSA argued legislators exceeded their authority under the Appropriations Clause of the Constitution. That clause reads in part: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.”...
