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Festivus Monday Overnight Open Thread - December 23, 2024 [Doof]
I Can't Believe It's Not Christmas Yet Cafe Bill Clinton In Hospital After Coming Down with Fever Update: Illness Diagnosed as Thicc White Girl Fever House Ethics Report Places Matt Gaetz on "Naughty" List Daily Mail: "Depressed" Joe Biden is Being Encouraged by "Vengeful" Doktor Jill Biden to "Burn the Whole Thing Down" as Payback for Coup Congresswoman With Advanced Dementia Has Been Living in a Memory Care Home For Six Months and Hasn't Attended Congress or Cast a Vote In All That Time; Corrupt DC Media and Political Class Knew All About This, But Hid It From Citizens Focus Group Says That Democrats Are Weak and Overly Focused on "Diversity" and Other "Elite" Luxury Concerns Like Endless Gender Transitions for Children Drunk, Insane Illegal Alien Sets Woman On Fire in NYC Subway, Burning Her to Death Biden Commutes the Sentences of Almost All Federal Convicts on Death Row THE MORNING RANT: America’s Gerontocracy – AWOL Texas Congresswoman Found Living in Memory Care Facility Absent Friends
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June 21, 2018
Federal District Court: Elizabeth Warren's Creation, the Consumer Financial Protection Bureau, Is UnconstitutionalCourts have found the law creating the CFPB unconstitutional in that it creates a "Director" running it, who is, in theory, a member of the Executive Branch, but then puts that Director unconstitutionally beyond the reach of the actual Executive, the President, stating that he can only be fired for cause. One court reviewing this en banc chose to say that part is unconstitutional, but it can be "severed" from the rest of the law, and the law just rewritten by judge's fiat to say the Director can be fired by the president, like any other executive officer, for any reason. Actually, a clarification: I think the rule is that members of a committee exercising executive power can be made fire-proof (or fireable only for cause), but you can't vest that kind of unfireable power in a singular head, as a Director is. But one district judge says, "Nah, bro," and finds that that the can-only-be-fired-for-cause provision is part of the heart of the CFPB, and therefore cannot simply be severed/written out of the bill. As that part is unconstitutional, and cannot be severed from the bill creating the CFPB, the whole law is unconstitutional, and the CFPB is unconstitutional and null and void itself. It strikes the CFPB as a party from the suit (against various defendants, including the NFL), finding it simply has no authority to act at all, in any capacity.
In reaching the question of the constitutionality of Title X of Dodd-Frank, which established the CFPB as an "independent bureau" within the Federal Reserve System, 12 U.S.C. § 5491(a), the Court acknowledges the en banc holding of the Court of Appeals for the District of Columbia Circuit in PHH Corp. v. CFPB, 881 F.3d 75 (D.C. Cir. 2018), upholding the statute. Of course, that decision is not binding on this Court.7 Let me digest the next bits: The CFPB argues that because Mick Mulvaney is now the director, but was appointed as a vacancy appointment and therefore can be fired by the President for any reason, that the CFPB is acting constitutionally if only for this brief bit of time, having a constitutional, fireable executive in charge. The Court points out that Mulvaney can only serve until 2018, at which point the law calls for another unconstitutionally, not-fireable-except-for-cause director to be appointed, which therefore keeps the CFPB in violation of the Constitution. The CFPB argues that Mulvaney, by currently being the head of the CFPB and not choosing to end this action (which was begun before he assumed the directorship), effectively "ratifies" the actions taken by his predecessor. The argument is that while the previous Director might have been unconstitutional, the current temporary one is, and his presence retroactively fixes the constitutional defects of the CFPB. Nah, brah, says the Court again. A temporary and temporarily-fireable director does not fix the fundamental unconstitutionality of the Dodd-Frank law which created this unconstitutional agency. Here, the constitutional issues presented by the structure of the CFPB are not cured by the appointment of Mr. Mulvaney. As Defendants point out, the relevant provisions of the Dodd-Frank Act that render the CFPB's structure unconstitutional remain intact. (Ratification 4.) Baller move, bruv. | Recent Comments
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Festivus Monday Overnight Open Thread - December 23, 2024 [Doof]
I Can't Believe It's Not Christmas Yet Cafe Bill Clinton In Hospital After Coming Down with Fever Update: Illness Diagnosed as Thicc White Girl Fever House Ethics Report Places Matt Gaetz on "Naughty" List Daily Mail: "Depressed" Joe Biden is Being Encouraged by "Vengeful" Doktor Jill Biden to "Burn the Whole Thing Down" as Payback for Coup Congresswoman With Advanced Dementia Has Been Living in a Memory Care Home For Six Months and Hasn't Attended Congress or Cast a Vote In All That Time; Corrupt DC Media and Political Class Knew All About This, But Hid It From Citizens Focus Group Says That Democrats Are Weak and Overly Focused on "Diversity" and Other "Elite" Luxury Concerns Like Endless Gender Transitions for Children Drunk, Insane Illegal Alien Sets Woman On Fire in NYC Subway, Burning Her to Death Biden Commutes the Sentences of Almost All Federal Convicts on Death Row THE MORNING RANT: America’s Gerontocracy – AWOL Texas Congresswoman Found Living in Memory Care Facility Search
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