In Consumer Financial Protection Bureau (CFPB) v. Community Financial Services Association of America, Limited, will the Supreme Court rule that the funding mechanism for the CFPB is unconstitutional?

The CFPB has a unique funding mechanism among US regulatory agencies in that it requires no congressional appropriation of funds and its director determines the bureau's budget (Congressional Research Service). The Fifth Circuit ruled that the mechanism violated the Appropriations Clause of the constitution and separation of powers, which the CFPB appealed to the Supreme Court (Fifth Circuit Court of Appeals, SCOTUSblog, Holland & Knight). The Supreme Court is expected to hand down its decision in its 2023 term, but if it does not, the question will close as "No." If the Court decides this case without addressing this question's particular issue of law, the question will close as "No." Confused? Check our FAQ or ask us for help. To learn more about Good Judgment and Superforecasting, click here. To learn more about how you can become a Superforecaster, see here. For other posts from our Insights blog, click here.