Supreme Court rejects challenge to consumer agency
House Dems boost GOP discharge petition
Also in today’s edition of ‘Regular Order’ for May 17, 2024:
More Republicans head to Trump’s trial.
Boebert v. Greene.
The case of the missing Jan. 6 plaque.
CONSUMER WATCHDOG. Since it was first created in the aftermath of the 2008 financial crisis, the Consumer Financial Protection Bureau has faced relentless attacks from Republicans and conservative groups. On Thursday, the U.S. Supreme Court undercut the latest legal effort to derail the CFPB, shutting down GOP claims that its funding mechanism runs afoul of the Constitution.
RULING. In a 7-2 decision, the Court ruled against payday lenders who objected to federal rules limiting high-interest consumer loans. The payday groups argued that since the CFPB gets its yearly operating budget from the Federal Reserve - rather than directly in a spending bill from Congress - that such a plan violates the Constitution.
SCOTUS NERD NOTE. The Justices did not agree. "The statute that authorizes the Bureau to draw money from the combined earnings of the Federal Reserve System to carry out its duties satisfies the Appropriations Clause," Justice Clarence Thomas wrote, even as he noted the 'novel' nature of the setup, which limits the influence of Congress.
AMICUS CURIAE. The ruling was a clear defeat for many Republicans in Congress who had urged the Court to do the exact opposite. "The CFPB never has to ask Congress for money," over 130 GOP lawmakers wrote in an appeal to the Court on this case.
CONGRESS. Democrats celebrated the ruling. "This is a major victory," said Rep. Pramila Jayapal (D-WA). "The CFPB does great work to protect consumers from fraud and abuse and put a stop to corporate profiteering."
THE NEW NINTH. This 7-2 decision was also yet another high profile loss for the very conservative Fifth Circuit Court of Appeals, which has now become the legal piñata that was once the very liberal Ninth Circuit Court of Appeals.
DISCHARGE PETITION. There was a very rare parliamentary success story in the House this week on a ‘discharge petition,’ as Rep. Greg Steube (R-FL) has now secured 218 signatures to force a vote on a bill dealing with tax relief for certain federally declared disasters. But there was a bit of a political twist to this story.
SUCCESS. Steube rightly celebrated getting up to 218 signatures. "In the 30 years of public discharge petitions, this petition is only the third to succeed," Steube noted. "That's a testament to how important this issue is for all of our constituents." (He's right - it is very rare.)
DETAILS. Steube's bill is the Federal Disaster Tax Relief Act, which was made part of a broader tax package which was approved by the House in January. But GOP objections have derailed that package in the Senate. So, Steube is trying to free up his specific legislation.
SIGNATURES. But here is the really interesting part about this story. It wasn’t House Republicans who helped Steube. It was 190 Democrats who put the Steube bill over the top. That’s right, of the 218 signatures to force action on this bill, I counted only 28 GOP lawmakers.
DEMOCRATS. The message from Democrats was simple. “We’re here to get stuff done,” said Rep. Jeff Jackson (D-NC). Under the rules, the Steube bill must be taken up by the House in the next two weeks.
TRUMP LEGAL. Another group of Republicans went to New York on Thursday to display their loyalty to former President Donald Trump as he sits through his porn star hush money trial. "No other American in the country would be charged with this type of crime," said Rep. Matt Gaetz (R-FL). “We are here today because we know this is nonsense,” said Rep. Anna Paulina Luna (R-FL).
ROSTER. Also going to Manhattan along with Gaetz and Luna were Rep. Bob Good (R-VA), Rep. Andy Ogles (R-TN), Rep. Lauren Boebert (R-CO), Rep. Andy Biggs (R-AZ), Rep. Diana Harshbarger (R-TN), Rep. Mike Waltz (R-FL), and Rep. Eli Crane (R-AZ).
MONDAY. More GOP lawmakers are talking about going up to Manhattan when the trial resumes next week. "I wanted to go," said Rep. Eric Burlison (R-MO). “I want to show my support.”
SCENE. The statements of support by GOP lawmakers outside the courthouse ended on a bit of a raucous note, as Boebert was drowned out by hecklers. While the group of Republicans spoke, one person walked back and forth behind them with a sign that read, "Bootlickers."
LOYALTY. Going to see Trump at Mar-a-Lago was a status symbol of sorts for Republicans in recent years. Now, GOP lawmakers have made this into a pilgrimage. You can read more in my column for the Atlanta Journal-Constitution.
MRS. GREENE OF GEORGIA. There was a great moment out on the House steps yesterday as Rep. Marjorie Taylor Greene (R-GA) came down to meet with reporters. She was immediately asked about her fellow Republicans going up to New York to show their support for Donald Trump. Her response was a veritable chef’s kiss.
REP. MTG. “I’ve already been,” Greene said curtly. “I was the first member of Congress to go,” as the Georgia Republican recounted how she showed up in Manhattan to stand by Trump after he was indicted last year.
MEAN GIRLS. Take a second right now and imagine the tone of someone who has been left out of the group, but wants to sound like everything is okay, and that they haven’t missed out on anything. That’s what Greene sounded like when she said, “I’ve already been.”
OVERSIGHT. A few hours later, Greene took out her frustrations on Democrats as a Thursday night meeting of the House Oversight Committee disintegrated into chaos. Dealing out a series of personal insults, the Georgia Republican mocked one Democrat over her eyelashes and told another Democrat that she was dumb.
VOTE. With Democrats demanding that Greene be punished, the committee voted 22-20 to allow Greene to finish her 5-minute speech. One Republican sided with Democrats - as Rep. Lauren Boebert (R-CO) voted no. There is clearly no love lost between the two of them.
REAL HOUSEWIVES OF CAPITOL HILL. "I just want to apologize to the American people," Boebert said, throwing some shade at Greene - who was sitting just two seats away. "When things get as heated as they have, unfortunately it's an embarrassment on our body as a whole."
GARLAND. What was all of the yelling about last night? A second House panel was voting to hold Attorney General Merrick Garland in contempt for not producing audio tapes of a Special Counsel interview with President Biden. Republicans want more than just the transcript.
BILLY GRAHAM. Republicans in Congress gushed over the new statue of Rev. Billy Graham which was unveiled at a ceremony on Thursday at the U.S. Capitol. "He dedicated his life to spreading the Gospel and his legacy will forever inspire me," said Rep. Greg Murphy (R-NC).
TAR HEEL. The Graham statue replaced one of Charles Aycock of North Carolina. One of Aycock's main goals as Governor was to make sure Blacks did not vote; he was a leading architect of Jim Crow laws in the state.
HANK AARON. My column from last week about these U.S. Capitol statues might have had an impact. There are now Republicans in Georgia talking about replacing the statue of Confederate Vice President Alexander Hamilton Stephens, sent to the U.S. Capitol by Georgia in 1927.
FUTURE. My suggestion was someone to bridge political and racial divides like baseball great Hank Aaron, who played for the Atlanta Braves. "He used his influence to advance civil rights, inspire entrepreneurship and hammer home the Georgia we know today,” said state GOP Rep. Trey Kelley.
MESSAGE. That’s exactly my point. “The Georgia we know today” is not about the Confederacy. Shouldn’t Georgia be represented by someone who can inspire everyone - and not just one segment of society?
MAGNOLIA. This isn’t about erasing history - it's about our future as a nation. Do you really think a statue of Jefferson Davis best represents the people of Mississippi in 2024? Of course not. Mississippi can do better. Just like Georgia can do better. Maybe I will live to see it happen.
JAN. 6 PLAQUE. Two years ago, Congress approved a plan to place a plaque in the Capitol to honor the police officers who defended the building on Jan. 6. The plaque is finished and ready, but House Republicans haven't found the time yet - or the political will - to put it up on the wall.
DEMS. "It's time for House Republicans to honor the men and women of law enforcement who saved lives that day," said House Democratic Leader Hakeem Jeffries, as Democrats have pressed the issue more openly during National Police Week.
TAPES. I may have watched more security video from Jan. 6 than any other reporter on Capitol Hill, and I will go again on Monday for another session. The number of cops who get jabbed with flagpoles, hit with fists, pipes, and bottles, tackled, and just plain physically attacked is simply outrageous.
RAP SHEET. A woman from Las Vegas has been arrested on charges related to Jan. 6. Christine Barrello entered the Capitol by climbing through a broken window on the Senate side of the building. She ultimately left by climbing through another broken window. (That's a Jan. 6 daily double.)
MUSE OF HISTORY. May 17, 1932. On this date, President Hoover signed a joint resolution into law formally changing the name of the island of Puerto Rico. Originally, it was misspelled in the 1898 Treaty of Paris: “Spain cedes to the United States the island of Porto Rico,” is what the fine print said. That mistake stood in U.S. law for over three decades, as Congress used that term in a 1917 law making changes to the island's civil government.
LEGISLATIVE PROGRAM:
The House convenes at 9 am.
The Senate is back next week.
Check President Biden’s schedule.
Follow me on Twitter @jamiedupree.
Email me at jamiedupree@substack.com
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I appreciate the details about the new statue from NC. As someone who gives many Capitol tours, I've long told my guests to take good looks at the Alexander Stephens and Jefferson Davis statues because they won't be around much longer. In a way, that's kind of sad because their presence gives me an opportunity to extol their records, which newer generations know nothing about.
Just want to say thanks again for your reporting.
“How do you know all this”? I follow Jamie. You should too.