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Nina Totenberg

Supreme Court upholds funding structure for consumer watchdog agency

The U.S. Supreme Court rejected a challenge to the way the CFPB is funded. (Al Drago/Getty Images)

The U.S. Supreme Court on Thursday upheld the structure of the Consumer Financial protection Bureau, the watchdog agency set up by Congress after the 2008 financial crash to protect consumers from predatory and deceptive practices by financial institutions.

The vote was 7-to-2. Writing for the court majority, Justice Clarence Thomas focused on the text and history of the appropriations clause of the Constitution, all of which, he said, give Congress broad discretion and flexibility as to how it authorizes funds to be drawn from the Treasury. He noted that the very first Congress allowed several executive agencies to fund themselves from revenue they collected, much like the CFPB does today in getting a capped amount from fees collected by the Federal Reserve system.

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