Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
22-448	5th Cir.	Oct 3, 2023	May 16, 2024	7-2	Thomas	OT 2023

Holding: Congress' statutory authorization allowing the Consumer Financial Protection Bureau to draw money from the earnings of the Federal Reserve System to carry out the bureau's duties, 12 U.S.C. § 5497(a)(1)–(2), satisfies the appropriations clause.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Thomas on May 16, 2024. Justice Kagan filed a concurring opinion, in which Justices Sotomayor, Kavanaugh, and Barrett joined. Justice Jackson filed a concurring opinion. Justice Alito filed a dissenting opinion, in which Justice Gorsuch joined.

SCOTUSblog Coverage

Supreme Court lets CFPB funding stand (Amy Howe, May 16, 2024)
Court divided over funding mechanism for consumer watchdog (Amy Howe, October 3, 2023)
Mandatory minimums, payday lending, and voting rights in first session of Supreme Court term (Amy Howe, September 29, 2023)
Consumer watchdog funding fight goes before justices (Amy Howe, September 28, 2023)
Court will review constitutionality of consumer-watchdog agency's funding (Amy Howe, February 27, 2023)
Another separation-of-powers case, press access to trials, and maritime insurance (John Elwood, February 23, 2023)
Court declines to hear case on whether defense attorneys are obligated to seek favorable plea deals (Amy Howe, February 21, 2023)
Government appeals decision against Consumer Financial Protection Bureau (Kalvis Golde, November 18, 2022)

Date	Proceedings and Orders (key to color coding)
11/14/2022	Petition for a writ of certiorari filed. (Response due December 14, 2022)
11/21/2022	Motion to extend the time to file a response from December 14, 2022 to January 13, 2023, submitted to The Clerk.
11/21/2022	Response to motion to extend the time to file a response filed.
11/22/2022	Motion to extend the time to file a response is granted and the time is extended to and including January 13, 2023.
12/14/2022	Brief amici curiae of West Virginia, et al. filed.
12/14/2022	Brief amici curiae of New York, et al. filed.
01/13/2023	Brief of respondents Community Financial Services Association of America, Limited, et al. in opposition filed.
02/01/2023	DISTRIBUTED for Conference of 2/17/2023.
02/01/2023	Reply of petitioner Consumer Financial Protection Bureau, et al. filed. (Distributed)
02/21/2023	DISTRIBUTED for Conference of 2/24/2023.
02/27/2023	Petition GRANTED.
03/10/2023	Motion for an extension of time filed.
03/14/2023	Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 8, 2023. The time to file respondents' brief on the merits is extended to and including July 3, 2023.
04/26/2023	Motion to dispense with printing the joint appendix filed by petitioners Consumer Financial Protection Bureau, et al.
05/08/2023	Brief of petitioners Consumer Financial Protection Bureau, et al. filed.
05/12/2023	Brief amici curiae of Farm Action, et al. filed.
05/15/2023	Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
05/15/2023	Brief amici curiae of States of New York, et al.
05/15/2023	Brief amici curiae of Community Development Credit Unions and Financial Institutions Including Self-Help Credit Union, et al. filed.
05/15/2023	Brief amici curiae of Professors of History and Constitutional Law filed.
05/15/2023	Brief amici curiae of Lawyers’ Committee for Civil Rights Under Law, et al. filed.
05/15/2023	Brief amici curiae of Military and Veterans Organizations filed.
05/15/2023	Brief amicus curiae of National Treasury Employees Union filed.
05/15/2023	Brief amici curiae of Current and Former Members of Congress filed.
05/15/2023	Brief amici curiae of The Mortgage Bankers Association, et al. in support of neither party.
05/15/2023	Brief amici curiae of 90 State and Local Nonprofit Organizations filed.
05/15/2023	Brief amici curiae of AARP and AARP Foundation filed.
05/15/2023	Brief amici curiae of Ten Consumer Advocacy Organizations filed.
05/15/2023	Brief amici curiae of Financial Regulation Scholars filed.
06/30/2023	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
07/03/2023	Brief of respondents Community Financial Services Association of America, Limited, et al. filed.
07/06/2023	Brief amicus curiae of Atlantic Legal Foundation filed.
07/07/2023	Brief amicus curiae of Americans for Prosperity Foundation filed.
07/07/2023	Brief amici curiae of State of West Virginia and 26 Other States filed.
07/10/2023	Brief amicus curiae of Landmark Legal Foundation filed.
07/10/2023	Brief amici curiae of Former Members of Congress filed.
07/10/2023	Brief amici curiae of Credit Union National Association, Inc., National Association of Federally-Insured Credit Unions, and American Association of Credit Union Leagues filed.
07/10/2023	Brief amicus curiae of New England Legal Foundation filed.
07/10/2023	Brief amici curiae of ACA International filed.
07/10/2023	Brief amicus curiae of Washington Legal Foundation filed.
07/10/2023	Brief amici curiae of New Civil Liberties Alliance, et al. filed.
07/10/2023	Brief amicus curiae of Third Party Payment Processors Association filed.
07/10/2023	Brief amici curiae of 132 Members of Congress filed.
07/10/2023	Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
07/10/2023	Brief amicus curiae of John Michael “Mick” Mulvaney filed.
07/10/2023	Brief amicus curiae of The Foundation for Government Accountability filed.
07/10/2023	Brief amici curiae of America's Future, U.S. Constitutional Rights Legal Defense Fund, and Conservative Legal Defense and Education Fund filed.
07/10/2023	Motion of State of West Virginia and 26 Other States for leave to participate in oral argument as amici curiae and for divided argument filed.
07/12/2023	Response in opposition to motion from respondents Community Financial Services Association of America, Limited, et al. filed.
07/14/2023	SET FOR ARGUMENT on Tuesday, October 3, 2023.
07/17/2023	Record requested from the United States Court of Appeals for the Fifth Circuit.
07/24/2023	Record from W.D. Tex. electronically received and available with the Clerk.
07/24/2023	Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and available on PACER.
07/27/2023	CIRCULATED
08/02/2023	Reply of petitioners Consumer Financial Protection Bureau, et al. filed. (Distributed)
08/21/2023	Motion of West Virginia and 26 Other States for leave to participate in oral argument as amici curiae and for divided argument DENIED.
10/03/2023	Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: Noel J. Francisco, Washington, D. C.
05/16/2024	Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Kagan, J., filed a concurring opinion, in which Sotomayor, Kavanaugh, and Barrett, JJ., joined. Jackson, J., filed a concurring opinion. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined.
06/17/2024	Judgment Issued.