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Re: familymang post# 749879

Wednesday, 03/01/2023 2:13:05 PM

Wednesday, March 01, 2023 2:13:05 PM

Post# of 800498
The decision in the 5th Circuit also points to a pretty seemingly sound argument, and that is, if the CFPB can be funded without Congressional Appropriations Oversight Review and approval, then WHY couldn't ALL federal agencies be funded that way?

One of the government arguments would likely be that somehow financial regulators are different.

The Takings Cases almost made it to the Supremes but the Appellate court ruling stood which relied on an earlier federal circuit court ruling that said since financial intermediaries can't ban the government from their property, they have no exclusivity right or expectations and therefore no Taking took place.

Will the SCOTUS decide that financial regulator agencies are somehow different and the Appropriations Clause protections don't apply to them?

If no, then how can the Federal Reserve Board avoid review of Congressional Appropriations Oversight? That'd be a disaster, Congress threatening to withhold funding unless Jerome Powell lowers interest rates and artificially juices the US Economy before the next election cycle.

What do you think?