5th Circle CFPB decision means challenges for federal agencies

By Christopher Pace (July 22, 2022, 5:53 p.m. EDT) — Without fanfare, the first salvo has been fired in what may be the next line of attack against the federal administrative state.

The attack deserves greater attention because it will likely lead to increased litigation over the operations of federal agencies for years to come.

The Fifth Circuit En Banc All American Ruling

On May 2, the United States Court of Appeals for the Fifth Circuit, sitting en banc, released its decision in Consumer Financial Protection Bureau v. All American Check Cashing Inc.[1]

The unanimous opinion in the lead was of little importance. It overturned a panel decision upholding protection from expulsion granted to…

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