Roberts Court Loses Control of Conservative War on Agency Power

A novel challenge to the Consumer Financial Protection Bureau’s funding structure before the US Supreme Court Tuesday shows how the justices have lost control over the scope and pace of disputes involving separation of powers.

The justices will review a US Court of Appeals for the Fifth Circuit ruling that the indirect funding mechanism for the agency impermissibly limits congressional control over the government’s “purse.” That’s one of lawmakers’ most powerful tools to oversee the executive branch and federal agencies.

The potential implications of Consumer Financial Protection Bureau v. Community Financial Services Association of America are sweeping for the agency, ...