Supreme Court will hear challenge to autonomy of consumer agency spearheaded by Elizabeth Warren

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Supreme Court will hear challenge to autonomy of consumer agency spearheaded by Elizabeth Warren
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Conservative justices may rein in the consumer agency touted by Elizabeth Warren and launched under President Obama.

The Supreme Court said Friday it will hear a constitutional challenge to the semi-independent status of the Consumer Financial Protection Bureau, a government agency created by Congress in the wake of the Great Recession to police mortgage providers, credit card issuers and other consumer lenders.

A ruling in the case could signal whether the court’s conservative majority is ready to rein in an array of other semi-independent agencies, such as the Securities and Exchange Commission, the Federal Communications Commission or even the Federal Reserve.Throughout the 20th century, Congress created independent agencies and deliberately shielded them from direct political control by the president. Usually, they are governed by a board with officials named by different presidents.

But it quickly became a prime target of finance businesses and their lawyers. Critics include Justice Brett M. Kavanaugh, who, as an appeals court judge, argued in dissent that it was unconstitutional to have a federal agency operated by a director who could not be removed by the president. Under the CFPB law, the president appoints a director with the approval of the Senate, but once appointed, the director may be removed only for “inefficiency, neglect of duty or malfeasance in office.

The bureau sent a demand for documents, but the firm refused to comply and went to federal court in Santa Ana, arguing the agency itself was unconstitutional because of its structure.

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