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Professor David Driesen Weighs in on SCOTUS CFPB Decision

Posted on Tuesday 6/30/2020
David Driesen

SCOTUS decision on CFPB receives support – and condemnation

(Mortgage Professional America | June 30, 2020) Industry groups and advocacy organizations had mixed reactions to the Supreme Court’s Monday ruling that preserved the Consumer Financial Protection Bureau but allowed the president to fire its director at will.

The 5-4 ruling agreed with the position of Seila Law, a California law firm that argued that the agency’s leadership structure—in which a sole director could be fired only for cause—violated the Constitution’s separation of powers clause. Financial industry groups—which have long held that the CFPB’s director had too much power and too little accountability—supported the decision ...

... Others, however, said the decision put too much power in the hands of the president. David Driesen, a constitutional law scholar who serves as a professor at Syracuse University, said the ruling had implications that went far beyond the leadership of one agency.

“The Supreme Court today created a Presidential constitutional right to fire government officials for political reasons,” Driesen said in an email to MPA. “President Trump’s abuse of firing authority and the history of the world show that such unchecked power threatens the rule of law and the survival of democracy" ...

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