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Thursday, November 24, 2022 6:13:00 PM
"The Bureau thus “receives funding directly from the
Federal Reserve, which is itself outside the appropria-
tions process through bank assessments.” Seila Law,
140 S. Ct. at 2194; see 12 U.S.C. § 5497(a).13 So Congress did not merely cede direct control over the Bu-
reau’s budget by insulating it from annual or other time
limited appropriations. It also ceded indirect control
by providing that the Bureau’s self-determined funding
be drawn from a source that is itself outside the appro-
priations process—a double insulation from Congress’s
purse strings that is “unprecedented” across the gov-
ernment. All Am. Check Cashing, 33 F.4th at 225
(Jones, J., concurring). And where the Federal Re-
serve at least remains tethered to the Treasury by the
requirement that it remit funds above a statutory limit,
Congress cut that tether for the Bureau, such that the
Treasury will never regain one red cent of the funds uni-
laterally drawn by the Bureau."
"This novel cession by Congress of its appropriations
power—its very obligation “to maintain the boundaries
between the branches,” id. at 231—is in itself enough to
give grave pause. But Congress went to even greater
lengths to take the Bureau completely off the separa-
tion-of-powers books. Indeed, it is literally off the
books--------------------"
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Troubling indeed, Judge Jones, troubling indeed!
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