May 22, 2023 — Amicus Brief

NCLC joined an amicus brief with ten organizations, lead by Public Justice, to support the CFPB in a case before the Supreme Court to review the Fifth Circuit’s holding that the CFPB’s funding structure violates the Constitution’s Appropriations Clause and vacating the pay-day lending rule the CFPB promulgated at that time. The amicus brief explains how the statute authorizing the CFPB’s funding comports with the Appropriation Clause and Congressional authority, and provides numerous examples of federal agencies that are funded in the same manner. The brief highlights the practical consequences of upholding the Fifth Circuit’s radical decision, including opening the door to challenges of the actions by all federal agencies that are funded like the CFPB.