The conservative-majority Supreme Court already has three cases on its docket that seek to curb the power of federal agencies as its new term begins Monday.
In both the CFPB and SEC cases, the Biden administration is appealing decisions against the government issued by conservative judges on the 5th U.S. Circuit Court of Appeals. In the Loper Bright case, which concerns a challenge to a fishing regulation, the U.S. Court of Appeals for the District of Columbia Circuit, which has a majority of Democratic appointees, ruled in favor of the government.— Don Willett, Kurt Engelhardt and Cory Wilson — were appointed by Trump.
The court includes judges who are"both extreme enough and aggressive enough to issue really kind of astonishing decisions," said Greg Lipper, a lawyer who filed a brief backing the CFPB. "I really think it's the litigants shaping the claims. They decide what claims to bring. They face the action by the regulatory bodies," she said.
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