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turbinetree

(24,703 posts)
Fri Jun 22, 2018, 09:37 AM Jun 2018

Republican judge orders the entire Consumer Financial Protection Bureau eliminated

It was nice when judges believed in the rule of law.

IAN MILLHISER JUN 21, 2018, 3:51 PM

A Republican federal trial judge held on Thursday that the entire Consumer Financial Protection Bureau — all of it — must cease to exist. The case is CFPB v. RD Legal Funding.

Judge Loretta Preska’s decision on this matter can barely even be described as an “opinion” because she devotes less than two pages of analysis to this question before proclaiming that a federal agency must be simply wiped away. Instead, Preska adopts the reasoning of two federal appellate judges who dissented in a similar case holding that the CFPB is, in fact, constitutional. Significantly, a crucial segment of Preska’s conclusions were only shared by one of these dissenting judges — out of a total of ten judges who heard that federal appellate case.

And it gets worse from there. The dissenting opinions Preska relies upon were published on January 31. On May 14, the Supreme Court handed down its opinion in Murphy v. NCAA — parts of which are inconsistent with Preska’s conclusion that the entire CFPB must be struck down. Preska’s opinion makes no reference to Murphy. In fact, the judge who literally judge ordered an entire agency to be shut down appears blissfully unaware of Murphy‘s existence.

https://thinkprogress.org/republican-judge-orders-the-entire-consumer-financial-protection-bureau-eliminated-4a80a1147f2e/


And if anyone doesn't think packing the courts with right wing ideologues like this who basically think that consumers have no rights, then watch out when it comes to the complete fleecing of the pocket book.................this is scary

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Republican judge orders the entire Consumer Financial Protection Bureau eliminated (Original Post) turbinetree Jun 2018 OP
I saw this yesterday and my first thought was "Can she really just do this?" Ferrets are Cool Jun 2018 #1
No, it will be appealed, but don't expect the DoJ to help bigbrother05 Jun 2018 #2
All there has to be is a ruling and now there's a ruling.............. turbinetree Jun 2018 #4
Thank you for the detailed explanation. Ferrets are Cool Jun 2018 #5
Your welcome turbinetree Jun 2018 #6
We have rescued over 30 over the years Ferrets are Cool Jun 2018 #10
"an entire agency set up to protect consumers will cease to exist due to the whim of a single person jberryhill Jun 2018 #11
The headline is misleading jberryhill Jun 2018 #7
Thank you. nt Ferrets are Cool Jun 2018 #9
Ian Millhiser and the case turbinetree Jun 2018 #12
Yes, I read it, do you have a point? jberryhill Jun 2018 #13
She states that the CFPB is unconstitutional if I read this correctly on page 102 and 103 turbinetree Jun 2018 #14
Ok, good, now... jberryhill Jun 2018 #15
Her decision was paid for. lpbk2713 Jun 2018 #3
Way to go repukes ellie Jun 2018 #8

Ferrets are Cool

(21,107 posts)
1. I saw this yesterday and my first thought was "Can she really just do this?"
Fri Jun 22, 2018, 09:40 AM
Jun 2018

Does one judge have this kind of power?

bigbrother05

(5,995 posts)
2. No, it will be appealed, but don't expect the DoJ to help
Fri Jun 22, 2018, 09:47 AM
Jun 2018

It will have to be brought by consumer protection groups and could end up at SCOTUS.

It should come before a full appeals court who should strike this decision based on case law cited in the OP.

turbinetree

(24,703 posts)
4. All there has to be is a ruling and now there's a ruling..............
Fri Jun 22, 2018, 09:57 AM
Jun 2018

"So, if Preska’s RD Legal Funding opinion is reviewed by a higher court, there is very little chance that she will be affirmed (though it’s possible that the Supreme Court will ultimately agree with Kavanaugh’s analysis, Henderson and Preska’s reasoning is way out in right field). There is a danger, however, that the Trump administration will refuse to appeal this case — setting off a chaotic series of events where non-parties to the litigation attempt to intervene in the case after the district judge has already handed down a judgment.

In other words, if no one can be found who is both willing and able to appeal this decision, an entire agency set up to protect consumers will cease to exist due to the whim of a single person.


This is the kicker right here:

There is a danger, however, that the Trump administration will refuse to appeal this case — setting off a chaotic series of events where non-parties to the litigation attempt to intervene in the case after the district judge has already handed down a judgment.

In other words, if no one can be found who is both willing and able to appeal this decision, an entire agency set up to protect consumers will cease to exist due to the whim of a single person."

So while everyone is is focusing on other items that this administration is doing, and Mulvaney is in the background attacking the agency, and having judges that are favorable to there filing of claims like these judges that will side with them.........no wonder they want to pack the courts with "judges" that are hell bent on hurting the consumer.......................it boils down to the have's getting more without any push back, and have not's , not having any protection..................this scary, this is third world stuff, of enabling corruption

 

jberryhill

(62,444 posts)
11. "an entire agency set up to protect consumers will cease to exist due to the whim of a single person
Fri Jun 22, 2018, 10:32 AM
Jun 2018

That's simply not true.

This is a joint action by the CFPB and the NYAG. The judge wrongly ordered CFPB removed as a plaintiff to the case, but did not order the agency to be eliminated, as the headline falsely states.
 

jberryhill

(62,444 posts)
7. The headline is misleading
Fri Jun 22, 2018, 10:20 AM
Jun 2018

No, the judge didn't order the bureau eliminated. The judge removed the bureau as a party from the case, and will likely be overruled by the Second Circuit.

But the headline is a gross exaggeration of what the judge actually ordered.
 

jberryhill

(62,444 posts)
13. Yes, I read it, do you have a point?
Fri Jun 22, 2018, 11:05 AM
Jun 2018

Simply quote the part of the decision where the judge called for the elimination of the bureau. Thank you.

turbinetree

(24,703 posts)
14. She states that the CFPB is unconstitutional if I read this correctly on page 102 and 103
Fri Jun 22, 2018, 11:11 AM
Jun 2018

Accordingly, the Court finds that the CFPB “lacks authority
to bring this enforcement action because its composition
violates the Constitution’s separation of powers,” and thus the
CFPB’s claims are dismissed. Fed. Election Comm’n v. NRA
Political Victory Fund, 6 F.3d 821, 822 (D.C. Cir. 1993).

d. Conclusion
For the foregoing reasons, Defendants’ motion (ECF No. 39)
is DENIED. Because Plaintiff Consumer Financial Protection
Bureau is unconstitutionally structured and lacks authority to
bring claims under the CFPA, the Clerk of Court shall terminate
Plaintiff Consumer Financial Protection Bureau as a party to
this action.

 

jberryhill

(62,444 posts)
15. Ok, good, now...
Fri Jun 22, 2018, 11:17 AM
Jun 2018

Read the headline of the OP

" judge orders the entire Consumer Financial Protection Bureau eliminated"

Where is that part of the order?

lpbk2713

(42,759 posts)
3. Her decision was paid for.
Fri Jun 22, 2018, 09:51 AM
Jun 2018



Such a drastic and wide ranging decision had to be paid for by business or political interests.

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