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Re: Robert from yahoo bd post# 749860

Wednesday, 03/01/2023 11:25:00 AM

Wednesday, March 01, 2023 11:25:00 AM

Post# of 793294
Great perspectives Robert and NeoSonTzu

I would expect the House to have developed proposed legislation that would solve the Appropriations issue for the CFPB prior to the SCOTUS deliberations. SCOTUS can then leave it up to Congress to pass something or usurp Congressional responsibility.

I would expect that the House Financial Services Committee and the Ranking Member of the the US Banking Committee to file an Amicus brief supporting their legislation - I am guessing this because perhaps that is the reason Toomey proposed the CFPB funding legislation a couple of weeks before his term ended.

It seems like the plaintiffs suit has been well crafted with a narrow focus on the payday lending supervision. It seems like the DOJ has already conceded a victory on this issue with the All American Settlement .

For the FHFA the issues seems to be whether or not the Collins litigation will be stayed and whether Rop gets Cert. If Collins goes forward it would seem that we would have a very good chance at the 5th because if the 5th does not invalidate the SPS and the NWS it would seem to undermine their stance in the CFPB case. If it did not rule to invalidate such a material act by an UnConstitutionally structured Agency why would SCOTUS think broadly rather than another pyrrhic victory .This is why Collins will likely be stayed

On Rop - if it does get Cert (which is not probable) - it could be an earlier decision rather than Collins.

God Bless Edith Jones and the rest of the good judges in the 5th Circuit. It seems pretty clear that she is courageous and believes in the separation of powers.