SCOTUS Cert Recap: A Second Constitutional Challenge to the CFPB, And A Criminal-Sentencing Question That Has Sharply Divided The Lower Courts
Highlights
On Feb. 27, the Supreme Court agreed to consider the following questions:
Does the funding mechanism for the Consumer Financial Protection Bureau – by which the agency directly requisitions funds from the earnings of the Federal Reserve – violate the Appropriations Clause?
Does the “safety valve” provision of the federal sentencing statute – which applies only where “the defendant does not have—(A) more than 4 criminal history points…; (B) a prior 3-point offense…; and (C) a prior 2-point violent offense” – merely require that the defendant not have all of these three conditions, or does it require that the defendant not have any of these three conditions?
On Feb. 27, the U.S. Supreme Court agreed to hear two cases – one on whether the funding mechanism for the Consumer Financial Protection Bureau (CFPB) violates the Appropriations Clause, and another involving the proper interpretation of the “safety valve” provision of the federal sentencing statute.
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