As the U.S. Supreme Court debates the constitutionality of the CFPB, the Fifth Circuit weighed in upholding the Bureau’s constitutionality on a 2-1 vote. As summarized in a BallardSpahr blog, “[i]n the majority’s view, the CFPB’s single-director structure ‘mitigates the constitutional concerns underlying for-cause removal.’ The majority observed that before 2008, seven agencies shared responsibility for consumer protection and that ‘the diffusion of responsibility looked past regulatory arbitrage and undercut accountability’ because ‘a President determined to change the administration of consumer financial protection would have faced a bureaucratic maze—multiple multi-member agencies with disparate authorities spread across eighteen statutes.’

Eric J. Ellman is Senior Vice President for Public Policy and Legal Affairs at the Consumer Data Industry Association (CDIA) in Washington, DC. He also served for eight months as Interim President and CEO of the Association. More