The US Supreme Court denied a request from West Virginia and 26 other Republican attorneys general to make their own challenge to the CFPB’s funding mechanism at oral arguments this fall.
West Virginia Attorney General Patrick Morrisey (R) and the other GOP states filed a petition in July seeking to divide the oral arguments in the Consumer Financial Protection Bureau v. Community Financial Services Association case. In their petition, the states’ attorneys general argued their expertise in consumer protection issues gives them “special understanding of how an unbounded CFPB can damage the consumer-financial markets—and impair the States’ own abilities to regulate those markets.”
But the Supreme Court on Monday denied the motion to intervene in an unsigned order with no explanation. The high court rarely grants such motions.
Morrisey couldn’t immediately be reached for comment.
The Republican attorneys general for Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming signed on to Morrisey’s petition.
The Supreme Court is set to hear arguments on Oct. 3 in the CFPB’s appeal to a ruling by the US Court of Appeals for the Fifth Circuit that declared the agency’s funding unconstitutional. The October 2022 ruling found the CFPB’s independent funding through the Federal Reserve violates the Constitution’s appropriations clause.
The case is CFPB v. Community Financial Services Association of America, U.S., No. 22-448, Petition to Intervene and Bifurcate Argument Denied 8/21/23.
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