Supreme Court Order List for 2/27/23 - Two new cases granted, including CFPB v CFSA

Link to today’s Supreme Court Order List.

One grant was for a habeas case involving the First Step Act.

And the major case.

Link to Supreme Court docket in 22-448, CFPB v CFSA.

Issue: Whether the court of appeals erred in holding that the statute providing funding to the Consumer Financial Protection Bureau, 12 U.S.C. § 5497, violates the appropriations clause in Article I, Section 9 of the Constitution, and in vacating a regulation promulgated at a time when the Bureau was receiving such funding.

A ruling for Respondent CFSA would essentially strike down the CFPB in its entirety.

The government wants this case heard during the current term, which might require a special May sitting of the Supreme Court to accommodate, given the late point in the term. They could try for the end of the April sitting, but that seems like it would be very difficult to fully brief the case in that limited time. It could go over to the October 2023 Term, but I think the government wants this case decided much more quickly.

Fingers crossed