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Supreme Court rejects payday lenders' challenge to Obama-era consumer protection bureau

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Supreme Court rejects payday lenders' challenge to Obama-era consumer protection bureau

The Supreme Court on Thursday upheld the U.S. consumer protection agency that was created under President Obama and congressional Democrats to protect Americans from financial scams.

By a 7-2 vote, the justices rejected a constitutional claim brought by a coalition of payday lenders who had won before a panel of three Trump appointees on the 5th Circuit Court of Appeals.

The lower court had questioned the legality of the agency, ruling it was not properly “accountable to Congress” because it did not receive its funding through an annual appropriation.

Writing for the majority, Justice Clarence Thomas said early American history shows that Congress could fund the government through different means, not just through an annual appropriation.

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“Based on the Constitution’s text, the history against which that text was enacted, and congressional practice immediately following ratification, we conclude that appropriations need only identify a source of public funds and authorize the expenditure of those funds for designated purposes to satisfy the appropriations clause,” he wrote in CFPB vs. Consumer Financial Services Association.

Justices Samuel A. Alito Jr. and Neil M. Gorsuch dissented.

Alito faulted the court for upholding “a novel statutory scheme under which the powerful CFPB may bankroll its own agenda without any congressional control or oversight.”

Consumer advocates welcomed the decision.

“This ruling upholds the independent funding structure that has made the CFPB a successful advocate for protecting consumers and holding big banks, payday lenders, and other financial institutions accountable,” said Devon Ombres, a legal policy director for the Center for American Progress. A ruling upholding the 5th Circuit Court “could have placed the entire financial regulatory system at risk and roiled financial markets.”

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“Predatory lenders and companies that rip consumers off with illegal junk fees have been trying to undermine the CFPB since it was created,” said Lauren Saunders, associate director of the National Consumer Law Center.

In creating the new bureau, Congress decided to fund it with lending fees from the Federal Reserve. If the Supreme Court had ruled such funding was unconstitutional, its decision would have cast doubt on the Federal Reserve as well.

In defense of the bureau, Biden administration attorneys argued that throughout American history, Congress has created agencies and bureaus such as the Post Office, the National Mint, the Customs Bureau and the Patent Office which were funded by fees, not an annual appropriation from Congress.

The CFPB called the decision “a resounding victory for American families and honest businesses alike, ensuring that consumers are protected from predatory corporations and that markets are fair, transparent, and competitive…For years, lawbreaking companies and Wall Street lobbyists have been scheming to defund essential consumer protection enforcement.”

Its statement said that since bureau opened its doors in 2011, “it has delivered more than $20 billion in consumer relief to hundreds of millions of consumers and has handled more than 4 million consumer complaints.”

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Thursday’s decision is the latest sign that the Supreme Court’s conservatives are not ready to rubber stamp far-right rulings from Trump-appointed judges in Texas and Louisiana.

On Wednesday, the justices set aside a decision by two Trump appointees in Louisiana which would have blocked the use of new state election map with two majority Black districts.

Still pending before the court is a conservative challenge to the availability of abortion medication. Since 2000, the Food and Drug Administration has said these pills are safe and effective for ending early pregnancies. But anti-abortion doctors went to Texas and won rulings that could strictly limit dispensing the pills.

The consumer protection bureau that was upheld Thursday was conceived by Sen. Elizabeth Warren (D-Mass.) when she was a law professor.

The bureau became the centerpiece of the 2010 Dodd-Frank overhaul of financial regulations following the collapse of the mortgage market.

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Its mission was to protect borrowers and consumers from deceptive and unfair practices by banks and mortgage lenders.

But it has been steadily opposed by much of the lending industry and by many Republicans who say the agency has too much unchecked power.

Congressional Democrats who created the bureau tried to shield it from the politics of Washington but that led to problems in the courts.

Under the 2010 legislation, the bureau’s director could not be removed by the president for political reasons, and the bureau’s budget was off-limits to Congress’ annual process of appropriations. Instead, its funding comes from the Federal Reserve, which earns fees from lending. The bureau used $641 million of that money last year.

The Supreme Court’s conservatives had cast a skeptical eye on the bureau. Four years ago, the justices in a 5-4 decision rejected the independent status of the director and ruled that person could be removed by the president for any reason, including political differences.

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The current dispute began as a challenge to a proposed regulation of payday lenders.

In ruling for the lenders, the three judges of the 5th Circuit, all appointees of President Trump, said it violated the Constitution to shield the bureau from an annual fight over its appropriation.

Judge Cory Wilson said the “bureau’s perpetual insulation from Congress’ appropriations power, including the express exemption from congressional review of its funding, renders it … no longer accountable to Congress and, ultimately, to the people.”

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Trump and Iran Face Off in Iran War Negotiations

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Trump and Iran Face Off in Iran War Negotiations

But while that is a new element in the talks, the cultural divide in how to negotiate is not.

That divide was evident 11 years ago, in the gilded halls of the 160-year-old Beau-Rivage Palace Hotel in Lausanne, Switzerland, where Secretary of State John Kerry and his counterparts from five other countries struggled to close a preliminary agreement with Iran. It was, perhaps, the closest analogue to what is unfolding now in Islamabad.

Every day the American delegation would speak about how many centrifuges had to be disassembled and how much uranium needed to be shipped out of country. Yet when Iranian officials — including Abbas Araghchi, now the Iranian foreign minister — stepped out of the elegant, chandeliered rooms to brief reporters, most of the questions about those details were waved away. The Iranians talked about preserving respect for their rights and Iran’s sovereignty.

“I remember we finally got the parameters agreed upon at the hotel,” Wendy Sherman, the chief U.S. negotiator at the time, said on Monday. “And then a few days later the supreme leader came out and said, ‘Actually, some very different terms were required.’”

Ms. Sherman, who went on to become deputy secretary of state in the Biden administration, would go into these negotiations with a large posse. She often had the C.I.A.’s top Iran expert in the room, or nearby. So was the energy secretary, Ernest Moniz, an expert in nuclear weapons design. Proposals floated by the Iranians would be sent back to the U.S. national laboratories, where weapons are designed and tested, for expert analysis of whether the agreements being discussed would keep Iran at least a year away from a bomb.

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But Mr. Trump’s negotiating team travels light, with no entourage of experts and few briefings. Jared Kushner and Steve Witkoff, the president’s son-in-law and the special envoy, learned their negotiating skills in New York real estate and say a deal is a deal. They say they have immersed themselves in the details of the Iran program, and know it well.

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Soros-linked dark money network fuels Virginia redistricting push backed by national Democrats

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Soros-linked dark money network fuels Virginia redistricting push backed by national Democrats

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Virginians for Fair Elections, a main group fighting to get Virginia voters to approve a ballot referendum that will allow the state to redraw its congressional maps, has been pumped with millions in cash from a web of George Soros-backed dark money groups and top Democratic Party officials.

The money the group has garnered ahead of Tuesday’s vote, which is poised to allow Democrats in the House of Representatives to potentially take four seats from Republicans going into the midterms, also comes from leading Democratic Party figures and organizations like Nancy Pelosi and the American Federation of Teachers (AFT).

Other left-wing juggernauts pumping money into the Democratic Party’s redistricting effort in Virginia include the Service Employees International Union (SEIU), Eric Holder’s National Democratic Redistricting Committee, which once championed the adoption of “independent redistricting commissions,” national green energy group the League of Conservation Voters, and the U.S. House of Representatives campaign arm for the Democratic Party, according to a Fox News Digital review of state campaign finance records and records from the Virginia Public Access Project (VPAP), which tracks public spending in Virginia.

VIRGINIA DEMS ACCUSED OF ILLEGALLY ‘STEAMROLLING’ STATE LAW THAT COULD UPEND REDISTRICTING CRUSADE

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“Dark money is flooding into Virginia,” GOP strategist Matt Gorman told Fox News Digital. “Democrats talked all about the cost of living during the campaign, but all they did once in office was raise taxes and rig elections. It’ll be the same elsewhere across the country in 2026 too.”

A woman casts her vote at a polling place in Burke, Fairfax County, Virginia, in 2026. (Graeme Sloan/Bloomberg)

Fox News Digital reported in March that the left-wing group fighting to redraw Virginia’s maps raised more than $38 million, according to VPAP’s donation totals based on state campaign finance records. As of right before the mid-April referendum vote, just a handful of weeks later, that total ballooned to more than $64 million.

In 2026, the largest giver to Virginians for Fair Elections was House Majority Forward, the nonprofit counterpart of House Democrats’ House Majority PAC, which has donated over $38 million, records show.

Meanwhile, entities directly tied to Soros, or that obtained significant funding which can be traced back to the billionaire Democrat megadonor, come in second and third in terms of total giving to the group, per VPAP’s accounting of donation totals.

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One of those groups, the Fund for Policy Reform Inc, was founded by Soros. The other, titled The Fairness Project, has been funded by groups like the Sixteen Thirty Fund, Hopewell Fund and the Tides Foundation, which Soros has given significant funding to.

George Soros pictured on the sidelines of the World Economic Forum in Davos, Switzerland, in January 2020. (Simon Dawson/Bloomberg via Getty Images)

DAVID MARCUS: DESPERATE DEMS TAP OBAMA TO PITCH VIRGINIA GERRYMANDERING LIES

Another one of the top donors to the left’s Virginians for Fair Elections is American Opportunity Action, described as “a pure pass-through entity” by Parker Thayer, a dark money expert from the conservative Capital Research Center. The group is so new that it does not even appear to have any 990s filed with the IRS but is still one of Virginians for Fair Elections’ top donors, according to VPAP and state campaign finance records.

Top Democratic Party members of Congress from outside Virginia, including Reps. Nancy Pelosi, D-Calif., Pete Aguilar, D-Calif., and Katherine Clark, D-Mass., also donated tens-of-thousands of dollars, according to a review of state campaign finance records. Democratic Virginia Sen. Tim Kaine’s leadership PAC donated $100,000 as well, while the Democratic Party of Virginia put up just shy of a million dollars, per VPAP’s accounting.

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Meanwhile, a group founded by Obama wingman Eric Holder, who previously championed “independent redistricting commissions,” provided a more than $10,000 in-kind contribution to the left-wing redistricting group, state election filings show. The League of Conservation Voters, and the Soros-backed MoveOn.org were also among Virginians for Fair Election’s top donors. In terms of labor union support, SEIU gave half-a-million, while AFT gave $100,000.

CBS HOST PRESSES FORMER AG ON DEFENDING PARTISAN REDISTRICTING EFFORTS IN VIRGINIA

Fox News Digital reached out to Soros’ Open Society Foundations and the other top donors pumping thousands or millions into the redistricting battle, but did not receive a response ahead of publication.

“No one wanted to take this action, but in a democracy, we can’t let entire states rig their congressional maps just to bend to the will of one person,” Alexis Magnan-Callaway, a spokesperson for The Fairness Project, told Fox News Digital in March.  

“We have to respond. This amendment is a temporary, one-time exception that gives Virginia voters a voice and meets the needs of the current moment, while ensuring Virginia’s bipartisan redistricting process will resume after the 2030 census,” she continued. “This isn’t about favoring one party over another. This is about restoring fairness across the board by temporarily changing Virginia’s congressional districts.”

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A main group in Virginia opposing the redistricting effort led by Democrats, Virginians For Fair Maps, raised a little over $3 million at the time of Fox News Digital’s late March report. However, the right-wing redistricting group in Virginia appears to have gained some ground since then as well, albeit still far behind the left’s Virginians for Fair Elections funding totals.

As of just before the referendum vote Tuesday, the anti-redistricting referendum group raised its fundraising total to nearly $20 million, with most of that money coming from a group by the same name that is also a significant donor to the Virginia Republican Party. 

Other donations to the group come from a series of several much smaller donors, such as $50,000 from the National Shooting Sports Foundation and $100,000 from a wealthy D.C.-area real-estate investor, who donates primarily to GOP campaigns. That investor is the top individual donor at $100,000 out of just a handful of individual contributions, according to VPAP.

Virginia Gov. Glenn Youngkin speaks during the Faith & Freedom Coalition’s Road to Majority Policy Conference at the Washington Hilton on June 22, 2024 in Washington, DC. (Samuel Corum/Getty Images)

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Former Virginia Gov. Glenn Youngkin, a Republican, has reportedly given more than $500,000 in efforts against the redistricting measure, per reporting from the Virginia Scope. He also has been a leading voice in Virginia holding events to campaign against the measure despite no longer being in office.

Wealthy tech entrepreneur and Republican donor Peter Thiel has reportedly donated to Justice for Democracy PAC, which has been part of the anti-redistricting effort alongside Virginians for Fair Maps as well.

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Governor’s race wildly unpredictable two weeks before Californians receive ballots

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Governor’s race wildly unpredictable two weeks before Californians receive ballots

The most unpredictable California governor’s race in recent history took another set of dizzying turns on Monday, with former Health and Human Services Secretary Xavier Becerra surging after former Rep. Eric Swalwell dropped out in the face of sexual assault and misconduct allegations, and former state Controller Betty Yee ending her bid.

The race to replace termed-out Gov. Gavin Newsom is the first in a quarter of a century with no clear front-runner and a sprawling field of candidates who have been jockeying for the attention of Californians, who are just beginning to pay attention to the campaign two weeks before ballots arrive in their mailboxes.

“I certainly could not have imagined the twists and the disturbing turns that this race has taken,” Yee said as she announced she was dropping out. “But through it all, my values and my vision for California has never wavered.”

A poll released Monday by the state Democratic Party — its first since Swalwell (D-Dublin) dropped out — showed Becerra’s support jumped nine points to 13%, placing him in a tie with Tom Steyer, the billionaire hedge fund founder turned environmental warrior. Former Rep. Katie Porter of Orange County saw a slight bump to 10% from 7%, while the remaining Democrats in the contest were mired in the low single digits.

The party began the surveys out of concern that Democrats could be shut out of the governor’s race because of California’s unique primary system, where the top two vote-getters in the June 2 primary move on to the November general election regardless of political party.

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“I continue to believe there are too many Democrats in the field,” California Democratic Party Chairman Rusty Hicks told reporters Monday. “My call for candidates to honestly assess the viability of their candidacy and campaigns still stands, especially if you are stalled in the single digits, seeing financial resources dry up and/or are failing to pick up additional support.”

Hicks and other party leaders and allies had unsuccessfully urged low-polling candidates to reconsider their candidacies before the filing deadline in an attempt to cull the field and avoid splintering the Democratic vote. Though most did not name candidates who they thought should think about their viability, Yee was widely believed to be among them.

Yee became emotional as she said on Monday that she decided to withdraw from the race because she wasn’t able to raise the resources necessary to compete in the state. She also said her message of competency and experience wasn’t resonating among voters who were seeking a fiery foil to President Trump, not “Boring Betty,” as she dubbed herself. Yee said she would assess the field before making an announcement on whether she would endorse one of her fellow Democrats.

Becerra was another candidate believed to be a target of party leaders’ efforts to shrink the field. But he held on and apparently benefited from Swalwell’s downfall.

“I’m not the richest candidate, I’m not the slickest candidate, but I am the guy that’s got you,” Becerra said, rallying supporters in Los Angeles on Saturday.

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The audience was filled with members of labor groups backing the longtime politician, and Becerra told them he’d serve as a “union man” in the governor’s office.

Pro- and anti-Becerra forces tussled outside the town hall after two people, who declined to identify whom they were working for, passed out fliers highlighting critical media investigations of the U.S. Department of Health and Human Services during the migrant crisis when the agency was led by Becerra.

Pro-Becerra attendees grabbed the fliers and told the men to go away, prompting a security guard to intervene.

The question is whether Becerra, who also served as state attorney general, a member of Congress and a state Assembly member, can raise the funds necessary to compete in a state with some of the nation’s most expensive media markets. And he was tied in the state party poll with a billionaire who dumped an additional $12.1 million of his own money into his campaign last week.

Steyer’s total investment in his bid reached $133 million, according to the California secretary of state’s office. He also received the endorsement of Our Revolution, a progressive political organization founded by U.S. Sen. Bernie Sanders (I-Vt.).

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“We’ve never endorsed a billionaire — but Tom Steyer is using his position to upset the system,” the group posted on X on Monday. “As Our Revolution executive director Joseph Geevarghese told @theintercept, ‘He’s been a partner in the movement. Most billionaires have used their wealth and privilege to lock in the status quo. Tom is doing the opposite.’”

San Jose Mayor Matt Mahan, who is also running for governor, accused Steyer of hypocrisy for the hedge fund he founded profiting from investments in private prisons being used to house ICE detainees, and Steyer calling for the abolishment of ICE.

Steyer got “rich investing off the ICE infrastructure he now wants to abolish,” Mahan posted on Instagram.

Steyer, who sold his stake in the hedge fund in 2012, has said he ordered the company to divest from the private prison company and has repeatedly expressed remorse about his former firm’s ties with the detention company.

Mahan also appeared Monday at a Hollywood production lot to announce his proposal for a special fund to lure sporting events, concerts and other productions to California as part of his plan to help the struggling film and television industry.

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An independent effort supporting Mahan has also raised roughly $11 million since Swalwell left the race.

Mehta reported from Los Angeles and Nixon from Sacramento. Times staff writer Dakota Smith contributed to this report.

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