Roberts Pruned, Not Felled the Administrative State

Roberts Pruned, Not Felled the Administrative State
(AP Photo/Patrick Semansky)

In curating a lawn, a landscaper often must choose between removing foliage and manicuring it. These decisions stem from the kind of yard the owner desires; to conform to the plan, does that shrub or tree merely require being paring back or is it so contrary that it be cut down?

In Seila Law v. Consumer Financial Protection Bureau, the Supreme Court faced a similar choice. The case pertained to the structure of the Consumer Financial Protection Bureau (CFPB), which Congress established to regulate financial products such as credit cards, mortgages, or student loans. Created in response to the 2008 financial crisis, Congress intended the CFPB to provide greater “transparency” as well as better protections for consumers within financial markets.

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