Relief over the #SCOTUS June Medical ruling likely will overshadow today’s other significant case, invalidating part of the CFPB’s structure. But given attacks on law enforcement independence and other safeguards against abuse of presidential power, we need to pay attention

B/c it’s mission is so politically sensitive, the CFPB’s Director serves for a fixed term, and until today the president’s ability to fire her was constrained, consistent w/long-standing precedent.

Today the Court invalidated those constraints, on the grounds that vesting her w/ significant autonomy from the president violates Article II. https://www.supremecourt.gov/opinions/19pdf/19-7_n6io.pdf

Impt to recognize that the majority opinion by Roberts is narrow. B/c it carves out exceptions for multi-member agencies like the FCC, etc. and so-called “inferior officers” with narrowly-defined duties, it’s immediate impact should be v. limited, arguably just to one agency

But as Kagan notes in dissent, these distinctions, particularly the supposed difference between single and multi-headed agencies, are contrived, and could prove inherently unstable. At least two justices (Thomas, natch, plus Gorsuch) would clearly like to go much farther.

We’ve seen this movie before. The Court’s conservative majority issues a narrow opinion dipping its toe in the water that turns out to be the precursor to a much more sweeping decision. See, e.g. Citizens United v. FEC, which was foreshadowed a couple years earlier by WRTL v. FEC

I actually agree with the Court that accountability to the president, the only elected person in the executive branch, is important, and have argued that some indep agencies like the @FEC need more https://www.brennancenter.org/our-work/policy-solutions/fixing-fec-agenda-reform

But these issues vary greatly depending on context, and don’t lend themselves to ideologically driven rulings like today’s decision, which expanded the power of an executive branch that is perfectly capable of defending its own interests at a time of unprecedented abuse.

If there was ever a ruling that deserved to be limited to its facts, this one is it.