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Reason
Reason
Jonathan H. Adler

Is It Unamicable to Reject the Argument of a Friendly Amicus Brief?

Yesterday the Supreme Court heard oral argument in Consumer Financial Protecion Bureau v. Community Financial Services Association of America, a case challenging the constitutionality of the manner in which the CFPB is funded. According to the respondents, the CFPB's funding mechnism violates the Appropriations Clause because the CFPB is funded through the Federal Reserve Board, in amounts requested by the CFPB, rather than through the usual annual appropriations process through Congress. (For more on how the CFPB is funded, see here and here.)

At oral argument, Justice Barrett asked the Solicitor General about an argument made in defense of the CFPB in an amicus brief submitted on the government's side. Interestingly enough, SG Prelogar unequivocally rejected the amicus brief's argument.

Here's the exchange (slightly cleaned up):

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