Supreme Court

Biden Just Used a 'Far Right' SCOTUS Ruling To Oust a Trump Appointee

The new president availed himself of Seila Law v. Consumer Financial Protection Bureau.

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The U.S. Supreme Court's June 2020 decision in Seila Law v. Consumer Financial Protection Bureau was not warmly received by certain progressive activists. "The far right just scored a victory," announced Marge Baker of People for the American Way. "Powerful corporate forces have turned their losing political case into a rigged constitutional one," intoned Sen. Sheldon Whitehouse (D–R.I.). "They've moved fringe legal theories into mainstream conservative legal thought."

At issue in the case was the legality of the single-director structure of the Consumer Financial Protection Bureau (CFPB). Although appointed by the president to a five-year term, the director of the CFPB did not technically answer to the executive branch and could only be fired for "inefficiency, neglect of duty, or malfeasance." In other words, the president was forbidden from firing the CFPB director for purely political reasons, such as policy disagreements.

The Supreme Court found that structure unconstitutional. "The CFPB Director has no boss, peers, or voters to report to," observed Chief Justice John Roberts. "Yet the Director wields vast rulemaking, enforcement, and adjudicatory authority over a significant portion of the U. S. economy. The question before us is whether this arrangement violates the Constitution's separation of powers." The majority held that it did.

Is that a "far right" decision? If so, President Joe Biden joined the vast right-wing conspiracy this week when he used Seila Law to advance his own agenda.

"As requested by the Biden administration, today I resigned as Director of the CFPB," wrote Kathy Kraninger, the Donald Trump-appointed head of the bureau. She "announced her departure via Twitter roughly an hour after Biden was inaugurated as the 46th U.S. president," noted The Hill. Thanks to Seila Law, Biden was free to push her out and pick his own nominee to head the agency.

This little episode illustrates one of the problems with viewing the behavior of the Supreme Court in simplistic left/right terms, as folks like Sheldon Whitehouse tend to do. Namely, that sort of viewing often misses the full implications of the Court's actions. After all, it was pretty clear that future presidents of both parties stood to gain in this particular case. As I noted when the ruling came down last year, "Here's one potential real-world impact of today's decision: If Joe Biden wins the presidency in November, he will be free to fire the bureau's Donald Trump–appointed director for purely political reasons."

NEXT: Cancel Culture Comes for Will Wilkinson

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  1. White Knight, whi calls himself “White Knight” because Tulpa made him mad, got banned then used Tulpas trick to hide it because he is embarrassed.

    But he got caught and is hiding behind his “Queen Amalthea” sock because he got told to sit down and shut up

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  2. Why shouldn’t Biden use the powers defined during the Trump presidency? Biden needs to use all the power available to him to effectively nullify Trump’s actions. Plus, the addition of 15 million new Americans from Latin America will help solidify Democrat super majorities for the next 50 years!

    1. “Plus, the addition of 15 million new Americans from Latin America will help solidify Democrat super majorities for the next 50 years!”

      Precisely. I hope many of them settle in Florida, Ohio, and Texas so those states become permanently blue.

      Of course, they’ll also provide the highly-skilled labor that Reason.com’s benefactor Charles Koch requires.

      #OpenBorders
      #(EspeciallyDuringAPandemic)

      1. Most are qualified fruit and vegetable pickers so they will have an excellent fit into our economy where the federal minimum wage is set to $15 / hr.

    2. You want America to be a 3rd world disaster? Because that’s what you’ll get going down the communist path that the progressives want.

    3. Agree on using the law to sustain decision making. The sword of justice cuts through both party lines and care must be taken when enacting laws and edicts. As for solidifying votes by Latin American influx, remains to be seen. S. FL’s Latino population gave us trump and voted for him again in 2020. Thinking is they would vote against dictatorships, however…

    4. Well, Trump was prevented largely from using the powers defined during the Obama administration, so…

      I mean, Trump was not even allowed to simply rescind an Obama order.

  3. She resigned, was not fired. So technically the ruling was not invoked. So proggies still happy and we avoided a constitutional CRISIS.

    1. “”As requested by the Biden administration,”

      God you’re fucking stupid

      1. It IS a real difference. God you’re fucking stupid.

        1. hey look you got mad because your sockpuppet is stupid just like you

          “It IS a real difference”

          No Brandybuck, it isn’t you fucking retard.

        2. fuck off Brandybuck

          1. Brandybuck is fucking stupid, that’s why he thought he could defend himself with a sock he blew a year ago.

            1. The comments here get dumber and dumber. Take your fucking meds please.

              1. I’ve lost track of how many sock puppets call me how many sock puppets. Would have been fun just to see the overlap.

                1. It made a lot more sense pre-registration. I’m a little surprised that part of the culture carried through.

        3. >>It IS a real difference

          not really with no law to lean on the request is meaningless

          1. Right, whereas with the law its a demand

            BrandyǎB€Ðëf ảhf is just salty because his stupid “technically” observation was “technically” wrong and he looks dumb

            it’s why he busted out his weak as sock to defend himself

        4. A “request” with the force of law behind it is a demand.

          Libertarianism 101

          1. Some things depend on whether you quit or were fired. There is a difference.

            1. Was her resignation under duress? If so then she was fired.

            2. When you are asked or instructed to resign you are being treated with civility; but you are still being sacked. If you resign, you often retain benefits. If you are confrontational about it, your opportunity is revoked and you are fired, which generally carries NO benefits. Political positions which serve at the discretion of the POTUS are not arguable.

        5. Being ‘asked’ to resign (before they fire you) is called constructive discharge.

          1. Not really. Constructive discharge is making the employees working conditions so bad or humiliating to impotent that the person quits.
            The boss does that when she “doesn’t have the balls” to fire the person.

    2. Just like you voluntarily pay your taxes.

  4. I though for sure this would be about Biden’s unconstitutional and illegal firing of the NLRB general counsel Robb yesterday.

    That action didn’t rely on Seila Law v. Consumer Financial Protection Bureau. It was in direct violation of that ruling, which specifically exempted the NLRB.

    “The court’s decision in Seila Law v. CFPB limited but didn’t overturn its 1935 ruling in Humphrey’s Executor, giving cover to bipartisan, independent agencies such as the Securities and Exchange Commission, National Labor Relations Board, Federal Communications Commission, and the Federal Energy Regulatory Commission. The majority opinion of the divided court drew a crucial distinction between the CFPB’s single-director structure and independent agencies that have multi-person leadership panels with members from both political parties.”

    —-Bloomberg Law

    https://news.bloomberglaw.com/daily-labor-report/supreme-court-casts-doubt-on-future-of-independent-agency-heads

    Seila Law v. Consumer Financial Protection Bureau may have covered the CFPB–but the firing of the NLRB general counsel yesterdat was illegal and unconstitutional even by the standard of Seila Law v. Consumer Financial Protection Bureau.

    Why are we talking about a case that isn’t illegal and unconstitutional when we could be talking about one that is?

    1. It is below the radar. Executive overreach is not the important issue facing us going forward.

      1. But it’s on this very topic–the same ruling and everything!

        Why would they consciously choose to talk about the one that isn’t unconstitutional when they could just as easily (and more to the point) write about the one that clearly is unconstitutional?

        Do they not want to write about anything that might suggest that Biden should be impeached or removed from office right now–because it might get them labeled as an insurrectionist?

        Yes, the patient does appear to have a scrape on his arm, but what the ER doc should probably be looking at is the bullet wound in his chest.

        1. Because the one talked about is excusable under the law. To bring up the example not being talked abut one would have to question whether the Biden Administration has respect for the rules it is obligated to follow.

          1. Right. “Biden vaccine curing Trump infection.” sells copies. “.. while also causing cancer.” cannot be allowed below the fold, even on a fringe, supposedly libertarian rag.

    2. Let them sue to get their jobs back. That’s what Trump would have made them do.

      1. “…That’s what Trump would have made them do.”

        TDS-addled lefty shits always propose hypotheticals rather than facts.

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    3. This is almost as bad as Root’s ‘explanation’ of Lochner.

      Can’t understand it, he wears smart glasses.

    4. “the firing of the NLRB general counsel yesterdat was illegal and unconstitutional”

      It may have been illegal, but I really doubt it was unconstitutional, unless you can point me to the article or amendment that protects the NLRB general counsel.

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  6. So anything not left these days is coined “Right-Wing Conspiracy”? Reason really has become a liberal rag….

    Anyways; seems to me the courts said Independent Agencies are a miss of the U.S. Constitution really. That would totally be true as should EVERY-ONE of the 32 Federal Agencies either be part of the Executive Cabinet or diminished including the EPA, FTC, The “Fed”, FEC, and most of the “Intelligence”….

    All that POWER entirely UN-Constitutional and miles away from representative legislation. Once upon a time the President only executed law written by represented legislation that adhered to the “The People’s” Supreme law over them.

    WTF kind of government is this we have today?

    1. An entrenched bureaucracy is just another check on democratic passions. I suspect you like that sort of thing in other contexts. The electoral college, perhaps?

      1. Do you have to put effort into sounding so stupid or does it come naturally?

      2. That cuts both ways: when there’s a check on democrat passions, you usually scream “fascism!”

        1. No I just scream it at the fascists trying to take down the United States because they saw Donald Trump’s face in a grilled cheese sandwich, or whatever the fuck they believe.

          How about we handle the governing and you guys handle going back to science class, and then we’ll all meet back here in 70 or 80 years and reassess whether you have the self-discipline necessary to participate in self-governance.

      3. “democratic passions” — We’ve been over this a million times; The USA ISN’T a Democracy. Yet; you compulsively have this FAILED delusion in your head that the USA isn’t the USA but should be some other nation. Fundamentally change the USA into some other 3rd world nation is all Lefties seem to want to acknowledge.

        Perhaps all you BIG PLANNERS of the destruction of the USA should move to a nation that has your [WE] majority mob rules already inaction ya know like Iraq where [WE] guns make ‘rulers’.

  7. Sheldon was a tough prosecutor, but he is given to partisan hyperbole.

  8. Just assume anytime you read “far-right” in the legacy media, whatever follows is probably bullshit.

  9. How sad that Biden chooses not to keep traitortrumps political hacks employed, it is really unfair, where are they going to work now with the orange stain on their faces

  10. Beijing Biden opened his “presidency” with a 48% approval rating.

    President Obama had a 67% approval rating on his first day in office.

    President Trump had a 56% approval rating on his first day in office and that was already after weeks of deep state attacks from the liberal media and US intelligence community. MY JOB INFO

  11. How do people ot see the left as the fascist state, oh its because they are the facists

    1. Are you talking about the democratically elected president, or radical college students who have no power?

      Trump was such an obvious disaster, you’re lucky we didn’t elect Elizabeth Warren. At some point you people are going to have to learn how to eat your oatmeal and shut the fuck up for a change. You don’t get to win every election. You don’t deserve to if you’re going to be crazy, either.

      1. I see a claim but no evidence. Perchance you would like to enumerate the problems? Record low unemployment until Covid hit. Vaccine in record time delivered 4 years ahead of what the fact checkers claimed was possible. Seriously, complaining about a few weeks issues in roll out when it’s years ahead of schedule is crazy.

  12. El presidente biden is a commie tool.

    Lefties think that americas will obey after democrats started civil war 2.0. Hahahahahahahaha

    Look how mad the media is with no el presidente biden legitimacy.

  13. Good. CFPB is just more government bullshit anyways. It should function exactly like any other politically-hatched solution.

    I’ve never actually asked a Democrat this, but I would love to know why they think their programs are so beneficial when they don’t exist without the force of govt behind them.

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