The Supreme Court announced that it will hear a new case testing constraints on the power of US regulators to delve into American businesses and individual lives.
The justices agreed to a Biden administration request to take up the case involving the Consumer Financial Protection Bureau. However, it will be heard next term, with a decision unlikely until spring of 2024, a timeline the administration opposed. The administration had told the justices that a lower court decision invalidating the way the CFPB is funded threatens its entire mission.
The justices’ opinions have revealed major separation-of-powers concerns, along with a particular disdain for the countless pages of rules the government imposes and a disregard for agency expertise, whether involving health services, workplace safety or consumer affairs. The new case picks up from a battle three years ago when opponents targeted the bureau’s structure and tried to dismantle its authority to safeguard mortgages, car loans, credit cards and other lending practices.
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