Could This Be It for the CFPB?! (Spoiler: Nope.)

We might be in the middle of the longest federal government shutdown in United States history, but you can’t furlough justice.

Yes, the Supreme Court is back in session. And if you run a business, work in the consumer finance industry, or just can’t get enough news about John Roberts, Clarence Thomas, RBG, and the rest of the gang, there are plenty of storylines to pay attention to in the latter half of the 2018–19 SCOTUS season:

• Could we see another major employee wage and hour decision?
• How about another ruling about arbitration agreements?
• What can we expect from newcomers Brett Kavanaugh and Neil Gorsuch?
• And will the Court finally decide the fate of the Consumer Financial Protection Bureau—the agency a lower court declared “unconstitutional?”

I’m afraid I have some less-than-thrilling news about that last question. (Get that sad trombone sound effect ready…)

The Hill reports:

“The Supreme Court on Monday refused to hear a case challenging the constitutionality of the Consumer Financial Protection Bureau (CFPB).

The State National Bank of Big Spring, the Competitive Enterprise Institute and the 60 Plus Association had asked the justices to review the U.S. Court of Appeals for the District of Columbia Circuit’s decision to reject their challenge to the constitutionality of the CFPB’s structure as an ‘independent’ agency.

The federally chartered bank and advocacy groups argued Congress created the CFPB in response to the financial crisis of 2008–2009 for the express purpose of exercising exclusive federal authority over all aspects of consumer finance, but stripped away all traditional checks on the director’s exercise of this power.

The District of Columbia Circuit’s decision to dismiss the case came after the court’s full panel of judges upheld the constitutionality of the agency’s structure in a separate case.”