News & Analysis as of

Appropriation Supreme Court of the United States Rulemaking Process

Bradley Arant Boult Cummings LLP

Supreme Court Upholds Constitutionality of CFPB’s Funding Mechanism

“Although there may be other constitutional checks on Congress’ authority to create and fund an administrative agency, specifying the source and purpose is all the control the Appropriations Clause requires.” With these...more

Foley & Lardner LLP

Supreme Court Rules That the CFPB Is Constitutionally Funded

Foley & Lardner LLP on

On May 16, 2024, the Supreme Court reversed a Fifth Circuit decision which held that the funding for the Consumer Financial Protection Bureau (CFPB) violated the Appropriations Clause. This case was viewed as pivotal to the...more

Dorsey & Whitney LLP

The Supreme Court - October 19, 2020

Dorsey & Whitney LLP on

Trump v. Sierra Club, No. 20-138: This case concerns the Acting Secretary of Defense’s transfer of funds pursuant to Section 8005 of the Defense Appropriations Act to make funds available to construct border fences along the...more

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