Today, Texas Attorney General Ken Paxton filed a brief with the U.S. 5th Circuit Court of Appeals challenging the constitutionality of the Obama-created Consumer Financial Protection Bureau.
Created under the Obama Administration as the brainchild of far-left Democrat Sen. Elizabeth Warren of Massachusetts, the CFPB was initially billed as a consumer advocate, but the scandal-racked agency has been criticized for its lack of accountability to any branch of government and its unchecked ability to hurt American business.
Just last year, the duly-elected President of the United States, Donald Trump, had difficulty replacing the Director of CFPB Richard Cordray even though Article II of the US Constitution grants him executive oversight of all government agencies.
Furthermore, the agency has frequently uses unscientific metrics to claim racial discrimination, such as guessing people’s race by their names, which it will often use to prosecute American businesses.
Paxton’s brief, filed in conjunction with 13 other states, arrives on the heels of two lawsuits challenging CFPB’s structure, including one at the D.C. Circuit that upheld its organizational structure, and one in the Southern District of New York which struck down its structure.
This latest legal challenge, filed at the 5th Circuit Court of Appeals, asks the Court to find CFPB’s current structure and lack of executive accountability unconstitutional. A Republican-leaning court, the New Orleans-based 5th Circuit is home to many prominent Texas jurists including former Texas Supreme Court Justice Don Willett and former Solicitor General Jim Ho.
Taxpayers should be encouraged as Paxton continues to lead the charge against the remains of the Obama Administration’s unconstitutional policies and lingering federal overreach.