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Sunday, November 13, 2022 2:05:38 PM
The CFPB case in the 5th Circuit is an interesting one to watch, where the federal government is likely to appeal for an EnBanc Panel and/or a Petition for a Writ of Certerrori.
https://www.hklaw.com/en/insights/publications/2022/10/fifth-circuit-rules-cfpbs-selffunding-mechanism-is-unconstitutional
"The Takeaway
The Fifth Circuit's ruling potentially calls into question every single rule, guidance and order that the CFPB has issued — as they all trace their origins to the CFPB's unconstitutional self-funding structure. Given the potential implications of this ruling, the CFPB will likely seek to overturn it either by petitioning the Fifth Circuit for en banc review or petitioning for a writ of certiorari in the Supreme Court.
In addition, this decision may have implications for other agencies that are similarly funded outside the congressional appropriations process, such as the Federal Reserve, Federal Deposit Insurance Corp. (FDIC), Office of the Comptroller of the Currency (OCC), National Credit Union Administration (NCUA) and Federal Housing Finance Agency (FHFA)."
If the federal government wants to keep these federal agencies funded they can do so by funding them directly from the US Treasury.
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