A list of cases published Tuesday that the Supreme Court has either accepted or rejected did not include a challenge to the Consumer Financial Protection Bureau's constitutionality, suggesting that the high court will decide at a later date whether to take the case.
Legal experts believe the Supreme Court could still decide to hear the case, Selia Law v. CFPB. The lawsuit involves a California law firm that claimed it was not required to respond to a CFPB civil investigative demand because it claimed the bureau is unconstitutional. At issue is a statutory provision that a CFPB head can only be fired "for cause," not simply at the president's discretion.
Both the Justice Department and CFPB Director Kathy Kraninger
A ruling that would allow the president to fire a sitting CFPB director without cause could have huge ramifications for nearly two dozen federal agencies with a single-director structure, such as the Federal Housing Finance Agency.
There are several cases in the court system claiming that limits on a president's ability to fire a CFPB director are unconstitutional. Earlier this month, a Mississippi payday lender, All American Check Cashing, filed a petition asking the Supreme Court to grant a review of its constitutional challenge to the agency's structure.