In the Headlines
November 26, 2019

The Future of the CFPB: The Executive Branch and Separation of Powers

The National Law Review

Co-chair of Holland & Knight's Consumer Protection Defense and Compliance Team Anthony DiResta explains the upcoming Seila Law decision and its impact on the future of the Consumer Financial Protection Bureau (CFPB).

"The Supreme Court has decided to review this case because of the constitutionality of the CFPB’s structure, based on separation of powers. Any single leader in government who doesn’t serve at the pleasure of the President may simply have too much power, and people with certain jurisprudential philosophies about how government should be run find that an offensive situation," said Mr. DiResta.

"That’s the theory behind the certiorari decision and why SCOTUS is addressing the case - it’s really a question of constitutionality and the power of administrative agencies. Additionally, the Court will look at the severability of the CFPB in Dodd-Frank, whether it’s possible to just restructure the single leader structure, and then leave the Bureau intact to continue business as usual."

READThe Future of the CFPB: the Executive Branch and Separation of Powers

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