SCOTUS overturns 5th circuit once again 7-2

wow. payday loan sharks are defeated by of all people Clarence Thomas, who writes the opinion.

the appropriations clause is indeed a good way to keep money away from a rogue in the executive part of government.


A very rare Thomas/Alito split.

I will say that I am very pleased the Supreme Court overturned this Fifth Circuit quackery.

And ■■■■■■■ shocked that Justice Thomas wrote the opinion overturning said quackery.

As the Supreme Court stated, both in the Opinion of the Court and the two concurring opinions, alternate statutory funding schemes have a long history, all the way back to the original Post Office establishment.

And the Judiciary itself relies on a number of long standing non-appropriated funding sources. Fees from court filings and fees from PACER, just a name a couple. While most of the Judiciary’s funding comes from yearly appropriations, there is still a significant percentage that is non-appropriated and that allows the Judiciary flexibility in spending.

While the Federal Reserve operating budget is a unique source vehicle, it is no less valid than any other of the many forms of non-appropriated funding that Congress has established over the years.

And the Constitution sets exactly ONE time limit on the length of appropriations, limiting appropriations to “raise and support armies” to two years. Anything else can be eternal if Congress likes.

  1. History favors this result.

  2. The Justices must have realized the grave damage (including to themselves) a ruling against the CFPB funding mechanism would have caused.

Now, there are VALID routes towards reining in the administrative state, this just wasn’t one of them.

I believe no less than three such cases remain to be decided before June.