House to Question CFPB Function Under Cordray

The House Oversight Committee is holding a hearing tomorrow at 1:30 entitled “How Will the CFPB Function Under Richard Cordray?” This issue will most certainly be relevant this election cycle as President Obama appears to have every intention of using the CFPB as a political bludgeon for his “fairness” narrative, which is expected to be on full display during tomorrow’s State of the Union address. My colleague Ammon Simon has written about the Consumer Financial Protection Bureau before, and will be live-tweeting the event on Twitter, @judicialnetwork.  

This would be a good time for the committee to ask Mr. Cordray about the CFPB’s grave separation of powers problems, as C. Boyden Gray and John Shu detailed in this Federalist Society paper. Ambassador Gray, a former White House Counsel, explained in a statement issued after President Obama’s unilateral, non-recess appointment of Mr. Cordray:

The CFPB is insulated from each of the three branches of government that have a constitutional duty to oversee it. It is independently funded and consequently subject to no budget review, and no meaningful Congressional oversight. And because Dodd-Frank protects the CFPB Director against removal by the president, the next president would not be able to remove a Senate-confirmed CFPB Director at will. Finally, there is extremely limited judicial review of the CFPB’s actions.

Tune in tomorrow for more details.  

Carrie Severino — Carrie Severino is chief counsel and policy director to the Judicial Crisis Network.

Most Popular

U.S.

The Gun-Control Debate Could Break America

Last night, the nation witnessed what looked a lot like an extended version of the famous “two minutes hate” from George Orwell’s novel 1984. During a CNN town hall on gun control, a furious crowd of Americans jeered at two conservatives, Marco Rubio and Dana Loesch, who stood in defense of the Second ... Read More
Film & TV

Why We Can’t Have Wakanda

SPOILERS AHEAD Black Panther is a really good movie that lives up to the hype in just about every way. Surely someone at Marvel Studios had an early doubt, reading the script and thinking: “Wait, we’re going to have hundreds of African warriors in brightly colored tribal garb, using ancient weapons, ... Read More
Law & the Courts

Obstruction Confusions

In his Lawfare critique of one of my several columns about the purported obstruction case against President Trump, Gabriel Schoenfeld loses me — as I suspect he will lose others — when he says of himself, “I do not think I am Trump-deranged.” Gabe graciously expresses fondness for me, and the feeling is ... Read More
Politics & Policy

Students’ Anti-Gun Views

Are children innocents or are they leaders? Are teenagers fully autonomous decision-makers, or are they lumps of mental clay, still being molded by unfolding brain development? The Left seems to have a particularly hard time deciding these days. Take, for example, the high-school students from Parkland, ... Read More