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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsRepublican 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 Preskas 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 Preskas 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 Preskas conclusion that the entire CFPB must be struck down. Preskas 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 Murphys 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
Ferrets are Cool
(21,107 posts)Does one judge have this kind of power?
bigbrother05
(5,995 posts)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)"So, if Preskas RD Legal Funding opinion is reviewed by a higher court, there is very little chance that she will be affirmed (though its possible that the Supreme Court will ultimately agree with Kavanaughs analysis, Henderson and Preskas 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
Ferrets are Cool
(21,107 posts)turbinetree
(24,703 posts)and by the way ferrets are cool...................
Ferrets are Cool
(21,107 posts)It has been very rewarding to us.
jberryhill
(62,444 posts)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)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.
Ferrets are Cool
(21,107 posts)turbinetree
(24,703 posts)jberryhill
(62,444 posts)Simply quote the part of the decision where the judge called for the elimination of the bureau. Thank you.
turbinetree
(24,703 posts)Accordingly, the Court finds that the CFPB lacks authority
to bring this enforcement action because its composition
violates the Constitutions separation of powers, and thus the
CFPBs claims are dismissed. Fed. Election Commn 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)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)Such a drastic and wide ranging decision had to be paid for by business or political interests.
ellie
(6,929 posts)and their enablers!