Supreme Court refuses to hear case
challenging constitutionality of CFPB

Jan. 14, 2019 -- The Supreme Court Monday refused to hear a case challenging the constitutionality of the Consumer Financial Protection Bureau (CFPB).

The State National Bank of Big Spring (Texas), the Competitive Enterprise Institute and the 60 Plus Association had asked the court to review the U.S. Court of Appeals for the District of Columbia Circuit's decision to reject their challenge to the constitutionality of the CFPB’s structure as an “independent” agency.

The bank and advocacy groups argued Congress created the CFPB in response to the financial crisis of 2008-09 for the express purpose of exercising exclusive federal authority over all aspects of consumer finance, but stripped away all traditional checks on the director’s exercise of this power. 

The D.C. Circuit's decision to dismiss the case came after the court’s full panel of judges upheld the constitutionality of the agency’s structure in a separate case.

It takes four justices to agree to review a case. The court noted that Justice Brett Kavanaugh had reviewed the case when he was on the D.C. Circuit and dissented from the court’s en banc ruling.