Busy day today! The Supreme Court has ruled in favor of liberals again:
The Supreme Court on Thursday rejected a broad challenge to the Consumer Financial Protection Bureau, reversing a lower-court ruling that would have undermined the watchdog agency created by Congress 12 years ago.
The CFPB case is one of several the Supreme Court heard this term that challenge the power of federal agencies, long a target of conservatives concerned about regulation and government bureaucrats whom they see as unaccountable to the public. In a 7-2 decision written by Justice Clarence Thomas, the court upheld as constitutional the bureau’s funding mechanism — which is based on profits from the Federal Reserve, rather than an annual appropriation.
This was a ridiculous case claiming that the CFPB was funded unconstitutionally because it doesn't require an annual appropriation from Congress. Instead, it draws whatever funds it needs from the Federal Reserve—which itself is self funded. This means the CFPB is doubly insulated from Congress, which supposedly created some kind of magical quandary that the Constitution prohibited. This is despite the fact that the text of the Constitution is crystal clear:
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law....
CFPB funding is plainly "made by Law," which is all that's required. The details are left for Congress.
Nonetheless, the usual suspects on the Fifth Circuit were willing to uphold the right-wing challenge because, hey, that's what they do. But even the current conservative Supreme Court wouldn't play along with them. The only two who dissented from the ruling were Alito, who's hopeless, and Gorsuch, who's becoming more Alito-like all the time.
And Clarence Thomas got to write a majority opinion of some importance! That doesn't happen very often.