Bloomberg Law Brief: CFPB Defends Independence (Audio) - podcast episode cover

Bloomberg Law Brief: CFPB Defends Independence (Audio)

Feb 21, 20173 min
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Episode description

Dalie Jimenez, professor at University of Connecticut School of Law, and Christopher Peterson, professor at the University of Utah College of Law, discuss a court case that involves the independence of the Consumer Financial Protection Bureau. \u0010They speak with June Grasso and Greg Stohr on Bloomberg Radio's "Bloomberg Law."

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Transcript

Speaker 1

Well, now a time for our daily Bloomberg Law Brief, exploring legal issues in the news. It's brought to you by the American Arbitration Association, International Trade or Business Dispute Resolve FESTER with the International Center for a Dispute Resolution, the leader in alternative dispute resolution around the world i c d R dot org. Today Bloomberg, lah Stu and Grosso and Greg Store discuss a case over the independence

of the Consumer Financial Protection Bureau. He speak with dali Ye Jimenez, professor at the University of Connecticut School of Law, and Christopher Peterson, professor at the University of Utah College of Law. Dat let me start with you. The earlier ruling had several aspects to it, but let's let's cut to the part of it that deals with the president's power to fire the director of the CSPB. Can you

just explain what the panel, uh said about that issue? Yeah? Sure, the panel decided that it didn't the separate from the sort of statutory problems um that the PhH Company was bringing against the CFPP. They would decide they would look at whether or not the structure of the CFPP is actually constitutional um and which uh, maybe it was something

that they didn't actually have to do. And in doing that, they decided that it was unconstitutional that um, there was only one director and that they could only be uh that that director could be fired um only for cause um. And so they decided that uh that instead um uh, the way to fix it was to say to basically rewrite the statute and say that the director can be fired for any reason at the will of the president UM. And so obviously making it a lot easier for now

President Trump to fire the director. But now that decision has been vacated, now that the full Court has decided to hear the decase again. And Christopher, what is the reasoning for the full court taking on the case? Well, I think the full court is is recognized. I think that the case, first off, is very important, that it has significant implications both for this new UH consumer Protection Agency, but also for the power of the presidency of the

United States. UH. And what's more, I think that the it's I think it's fair to say that the DC Circuit panel opinion was um someone uncharitable to the motives and the structure of the CFPB. So I think that, you know, look to takeaway is that the the entire DC circuit is going to look at the case and uh it has implications about whether or not President Trump will may be able to is effectively assert his agenda uh in in in you know, pursuing de regulatory goals

for the economy. That's Christopher Peterson, Professor at the University of Utah College of Law and dali Ye him Menez, Professor at University of Connecticut School of Law, speaking of Bloomberg, Laho stun Grosso and Greg Stewart. You can listen to Bloomberg Law weekdays at one pm Wall Street Time here on Bloomberg Radio, and that is this morning is Bloomberg Lawbrary. If you can find more legal news at Bloomberg Law

dot com and Bloomberg b NA dot com. Attorneys will find exceptional legal research and business development tools there as well. Visit Bloomberg Law dot com and Bloomberg b and A dot com for more information

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