Saturday, October 22, 2022 2:19:48 PM
See Analysis :
https://www.ballardspahr.com/Insights/Events/2022/10/Fifth-Circuit-Rules-that-the-Consumer-Financial-Protection-Bureau-is-Unconstitutionally-Funded
Here is the link to the Opinion:
https://www.ca5.uscourts.gov/opinions/pub/21/21-50826-CV0
“An elective despotism was not the government we fought for; but one which should not only be founded on free principles, but in which the powers of government should be so divided and balanced . . . , as that no one could transcend their legal limits, without being effectually checked and restrained by the others.” The Federalist No. 48 (J. Madison) (quoting Thomas Jefferson’s Notes on the State of Virginia (1781)). In particular, as George Mason put it in Philadelphia in 1787, “[t]he purse & the United States Court of Appeals Fifth Circuit FILED October 19, 2022 Lyle W. Cayce Clerk Case: 21-50826 Document: 00516514748 Page: 1 Date Filed: 10/19/2022 No. 21-50826 2 sword ought never to get into the same hands.” 1 The Records of the Federal Convention of 1787, at 139–40 (M. Farrand ed. 1937). These foundational precepts of the American system of government animate the Plaintiffs’ claims in this action. They also compel our decision today.
Congress’s decision to abdicate its appropriations power under the Constitution, i.e., to cede its power of the purse to the Bureau, violates the Constitution’s structural separation of powers.
Dont think Fith En Banc will overturn this especially after the All American En Banc Decision.
Collins will have to be bound by Community Financial Services of America V CFPB
Next up will probably be the Collins Motion for Summary Judgement Decision by Judge Ellison. Does this affect Bhatti?
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