In a stunning display of judicial overreach, the Supreme Court has once again sided with the bloated federal bureaucracy, rejecting a commonsense challenge to the unconstitutional funding of the Consumer Financial Protection Bureau (CFPB). This decision, which overturns a previous ruling by a federal appeals court in New Orleans, is a slap in the face to conservatives who have long advocated for greater congressional oversight and accountability in our government agencies.
The CFPB, a brainchild of the Obama administration, was created in the wake of the 2008 financial crisis under the guise of protecting Americans from unfair practices by the financial industry. However, since its inception, the agency has been plagued by controversy and legal challenges, with many Republican lawmakers rightfully calling for its disbandment.
At the heart of the issue is the CFPB’s unconventional funding model, which allows the agency to draw its budget directly from the Federal Reserve, to the tune of around $600 million annually. This mechanism effectively shields the CFPB from congressional scrutiny, as it bypasses the traditional appropriations process that grants Congress the power to oversee and influence the funding of federal agencies.
The New Orleans court had it right when it ruled that this funding model violated the Constitution’s Appropriations Clause. By allowing the CFPB to operate without proper congressional oversight, the agency has been given free rein to push its own agenda, unchecked by the representatives of the American people.
It is, therefore, deeply disappointing to see the Supreme Court, with its conservative majority, overturn this sensible ruling. The 7-2 decision, which included the votes of solidly conservative justices like Clarence Thomas, is a bewildering betrayal of conservative principles and a troubling endorsement of unchecked federal power.
In his dissenting opinion, Justice Samuel Alito, joined by Justice Neil Gorsuch, rightly raised concerns about the CFPB’s lack of oversight, calling its funding system “novel” and warning that the agency could “bankroll its own agenda.” These dissenting voices are a beacon of hope in an otherwise disheartening decision, reminding us that there are still those within the judiciary who understand the importance of limited government and constitutional principles.
The majority opinion, penned by Justice Thomas, attempts to justify this egregious decision by pointing out that Congress could change the CFPB’s funding model at any time it wanted to do so. This argument is a feeble attempt to shift responsibility away from the Supreme Court and onto the shoulders of a gridlocked Congress. It is the duty of the judiciary to uphold the Constitution, not to defer to the whims of a dysfunctional legislative branch.
Furthermore, Thomas’ assertion that the CFPB’s budget would “fit comfortably” with how the First Congress funded its own activities is a perplexing non-sequitur that has little bearing on the constitutionality of the agency’s current funding model.
In the end, this decision by the Supreme Court is a disappointing setback for conservatives who have fought tirelessly to rein in the unchecked power of federal agencies like the CFPB. It is a stark reminder that even with a conservative majority on the bench, we cannot take for granted the protection of our constitutional rights and the principles of limited government.
As we move forward, it is imperative that conservative lawmakers redouble their efforts to dismantle the CFPB and other rogue federal agencies that operate without proper congressional oversight. We must continue to fight for a government that is accountable to the people, not one that is beholden to the whims of unelected bureaucrats and activist judges.
Only by remaining vigilant and steadfast in our commitment to conservative principles can we hope to restore the balance of power envisioned by our Founding Fathers and ensure that our government serves the interests of the American people, not the entrenched interests of the Washington establishment.
