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Thursday, December 22, 2022 8:13:31 AM
(4) Sledge Hammer: Along lines of the concurrence musings in Seila by Thomas and Gorsuch, SCOTUS could simply refuse to enforce the CFSA order. This signals that as long as the CFPB’s unconstitutional funding structure remains as-is, CFPB can expect to find all similar challenged orders unenforceable. IMHO: this is a low-risk, low-reward option that favors old school orthodox legislative reform in due (sloooooow) course.
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