On October 10, the Supreme Court heard oral arguments in a case of interest and significance to politicians and people alike: the case of Consumer Financial Protection Bureau (CFPB) v. Community Financial Services Association of America. At the heart of the matter lies a narrow, yet critical question, one that strikes at the very foundation of our constitutional order: Is the CFPBs peculiar and historically unprecedented practice of simply sending demand letters to the Federal Reserve a violation of the appropriations clause? In this pivotal debate, progressive judges seem to pivot away from the black letter of our Constitution, leaning instead toward statistics to justify this brazen affront to the separation of powers, one of the principal pillars upon which the federal system was constructed and without which it would crumble.
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