A federal judge has halted the Trump administration’s actions to downsize and realign the Consumer Financial Protection Bureau (CFPB).
In a 112-page ruling by US District Judge Amy Berman Jackson, an Obama administration appointed, the Trump administration was ordered to reinstate CFPB employees who were fired and to lift its order to stop the agency from going forward with its work. Jackson also ordered the preservation of CFPB records and demanded the recission of “wholesale” contract cancellations issued on or after Feb. 11.
“In sum, the Court cannot look away or the CFPB will be dissolved and dismantled completely in approximately thirty days, well before this lawsuit has come to its conclusion,” Jackson wrote in her opinion, noting Elon Musk’s X post “RIP CFPB” as evidence that the administration was seeking to dismantle the agency.
Jackson’s order was in response to a lawsuit brought by the National Treasury Employees Union and other organizations, claiming it was trying to destroy the CFPB. For its part, the administration pointed to the nomination of Jonathan McKernan to serve as CFPB director while arguing it was attempting to streamline the agency.
Jackson stated that it is the role of Congress and not the Executive Branch to shutter a federal agency.
“While the President is free to propose legislation to Congress to accomplish this aim, the defendants are not free to eliminate an agency created by statute on their own, and certainly not before the Court has had an opportunity to rule on the merits of the plaintiffs’ challenge,” Jackson said.
The administration did not immediately respond to the court’s ruling.
Photo by Adam Fagen / Flickr Creative Commons
The Judicial Branch is working hard to unconstitutionally elevate itself to a dominant branch over both the Legislative and Executive Branches of Federal Government. The US Constitution specifically denotes the Judicial Branch as inferior to the other 2 branches.
AI Overview
No, the U.S. Constitution does not explicitly state that the judicial branch is inferior to the legislative or executive branches; instead, it establishes a system of checks and balances where each branch has distinct powers and responsibilities, ensuring no single branch becomes dominant.
Here’s a more detailed explanation:
Separation of Powers:
The Constitution divides governmental power among three branches: the legislative (Congress), the executive (President), and the judicial (Supreme Court and lower federal courts).
Independent Judiciary:
Article III of the Constitution establishes the judicial branch, ensuring its independence from the other two branches.
Checks and Balances:
The system of checks and balances prevents any one branch from accumulating too much power.
The judicial branch can review laws passed by Congress and actions taken by the President, ensuring they are constitutional.
The legislative branch can impeach and remove judges, and the executive branch can appoint judges (subject to Senate confirmation).
Judicial Review:
The Supreme Court’s power of judicial review, established in Marbury v. Madison (1803), allows it to declare laws or actions unconstitutional.
Co-equal Branches:
The Framers of the Constitution sought to create a balanced government, with each branch being co-equal and having its own distinct powers and responsibilities.