Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
Showing Original Post only (View all)The Supreme Court decides not to trigger a second Great Depression [View all]
VoxThe Supreme Court delivered a firm and unambiguous rebuke to some of Americas most reckless judges on Thursday, ruling those judges were wrong to declare an entire federal agency unconstitutional in a decision that threatened to trigger a second Great Depression.
In a sensible world, no judge would have taken the plaintiffs arguments in CFPB v. Community Financial Services Association seriously. Briefly, they claimed that the Constitution limits Congresss ability to enact perpetual funding, meaning that the legislation funding a particular federal program does not sunset after a certain period of time.
The implications of this entirely made-up theory of the Constitution are breathtaking. As Justice Elena Kagan points out in a concurring opinion in the CFPB case, spending that does not require periodic appropriations (whether annual or longer) accounted for nearly two-thirds of the federal budget and that includes popular programs like Social Security, Medicare, and Medicaid.
Nevertheless, a panel of three Trump judges on the United States Court of Appeals for the Fifth Circuit a court dominated by reactionaries who often hand down decisions that offend even the current, very conservative Supreme Court bought the CFPB plaintiffs novel theory and used it to declare the entire Consumer Financial Protection Bureau unconstitutional.
In fairness, the Fifth Circuits decision would not have invalidated Social Security or Medicare, but thats because the Fifth Circuit made up some novel limits to contain its unprecedented interpretation of the Constitution. And the Fifth Circuits attack on the CFPB still would have had catastrophic consequences for the global economy had it actually been affirmed by the justices.
In a sensible world, no judge would have taken the plaintiffs arguments in CFPB v. Community Financial Services Association seriously. Briefly, they claimed that the Constitution limits Congresss ability to enact perpetual funding, meaning that the legislation funding a particular federal program does not sunset after a certain period of time.
The implications of this entirely made-up theory of the Constitution are breathtaking. As Justice Elena Kagan points out in a concurring opinion in the CFPB case, spending that does not require periodic appropriations (whether annual or longer) accounted for nearly two-thirds of the federal budget and that includes popular programs like Social Security, Medicare, and Medicaid.
Nevertheless, a panel of three Trump judges on the United States Court of Appeals for the Fifth Circuit a court dominated by reactionaries who often hand down decisions that offend even the current, very conservative Supreme Court bought the CFPB plaintiffs novel theory and used it to declare the entire Consumer Financial Protection Bureau unconstitutional.
In fairness, the Fifth Circuits decision would not have invalidated Social Security or Medicare, but thats because the Fifth Circuit made up some novel limits to contain its unprecedented interpretation of the Constitution. And the Fifth Circuits attack on the CFPB still would have had catastrophic consequences for the global economy had it actually been affirmed by the justices.
InfoView thread info, including edit history
TrashPut this thread in your Trash Can (My DU » Trash Can)
BookmarkAdd this thread to your Bookmarks (My DU » Bookmarks)
25 replies, 7785 views
ShareGet links to this post and/or share on social media
AlertAlert this post for a rule violation
PowersThere are no powers you can use on this post
EditCannot edit other people's posts
ReplyReply to this post
EditCannot edit other people's posts
Rec (167)
ReplyReply to this post
25 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
![](du4img/smicon-reply-new.gif)
The Supreme Court decides not to trigger a second Great Depression [View all]
In It to Win It
May 16
OP
Thomas pretty much shits on Alito's dissent. He basically says Alito's originalism is half-assed
In It to Win It
May 16
#12
That's why I think he was paid, because he voted with the majority Crimey Clarence.
Hassler
May 16
#15
The Supreme Court has delivered a victory for a financial watchdog, and all agencies with alternative funding
James48
May 16
#11
Someday we will have sufficient representation to impeach incompetent, unqualified judges.
Hermit-The-Prog
May 16
#22