1 00:00:00,000 --> 00:00:02,400 Speaker 1: Well, now a time for our daily Bloomberg Law Brief, 2 00:00:02,480 --> 00:00:05,080 Speaker 1: exploring legal issues in the news. It's brought to you 3 00:00:05,120 --> 00:00:09,680 Speaker 1: by the American Arbitration Association, International Trade or Business Dispute 4 00:00:09,680 --> 00:00:13,160 Speaker 1: Resolve FESTER with the International Center for a Dispute Resolution, 5 00:00:13,240 --> 00:00:16,400 Speaker 1: the leader in alternative dispute resolution around the world i 6 00:00:16,560 --> 00:00:19,800 Speaker 1: c d R dot org. Today Bloomberg, lah Stu and 7 00:00:19,840 --> 00:00:22,840 Speaker 1: Grosso and Greg Store discuss a case over the independence 8 00:00:22,880 --> 00:00:26,119 Speaker 1: of the Consumer Financial Protection Bureau. He speak with dali 9 00:00:26,160 --> 00:00:29,520 Speaker 1: Ye Jimenez, professor at the University of Connecticut School of Law, 10 00:00:29,760 --> 00:00:33,400 Speaker 1: and Christopher Peterson, professor at the University of Utah College 11 00:00:33,400 --> 00:00:37,559 Speaker 1: of Law. Dat let me start with you. The earlier 12 00:00:37,680 --> 00:00:40,880 Speaker 1: ruling had several aspects to it, but let's let's cut 13 00:00:40,920 --> 00:00:43,159 Speaker 1: to the part of it that deals with the president's 14 00:00:43,159 --> 00:00:46,159 Speaker 1: power to fire the director of the CSPB. Can you 15 00:00:46,240 --> 00:00:51,480 Speaker 1: just explain what the panel, uh said about that issue? Yeah? Sure, 16 00:00:51,920 --> 00:00:56,640 Speaker 1: the panel decided that it didn't the separate from the 17 00:00:56,720 --> 00:01:01,680 Speaker 1: sort of statutory problems um that the PhH Company was 18 00:01:01,720 --> 00:01:05,160 Speaker 1: bringing against the CFPP. They would decide they would look 19 00:01:05,200 --> 00:01:07,840 Speaker 1: at whether or not the structure of the CFPP is 20 00:01:07,840 --> 00:01:12,360 Speaker 1: actually constitutional um and which uh, maybe it was something 21 00:01:12,360 --> 00:01:14,399 Speaker 1: that they didn't actually have to do. And in doing that, 22 00:01:14,440 --> 00:01:17,720 Speaker 1: they decided that it was unconstitutional that um, there was 23 00:01:17,800 --> 00:01:20,800 Speaker 1: only one director and that they could only be uh 24 00:01:20,800 --> 00:01:24,440 Speaker 1: that that director could be fired um only for cause um. 25 00:01:24,520 --> 00:01:28,000 Speaker 1: And so they decided that uh that instead um uh, 26 00:01:28,040 --> 00:01:31,720 Speaker 1: the way to fix it was to say to basically 27 00:01:31,760 --> 00:01:34,280 Speaker 1: rewrite the statute and say that the director can be 28 00:01:34,319 --> 00:01:37,240 Speaker 1: fired for any reason at the will of the president UM. 29 00:01:37,440 --> 00:01:40,080 Speaker 1: And so obviously making it a lot easier for now 30 00:01:40,120 --> 00:01:43,520 Speaker 1: President Trump to fire the director. But now that decision 31 00:01:43,680 --> 00:01:47,240 Speaker 1: has been vacated, now that the full Court has decided 32 00:01:47,480 --> 00:01:52,920 Speaker 1: to hear the decase again. And Christopher, what is the 33 00:01:53,000 --> 00:01:57,480 Speaker 1: reasoning for the full court taking on the case? Well, 34 00:01:57,520 --> 00:02:00,320 Speaker 1: I think the full court is is recognized. I think 35 00:02:00,320 --> 00:02:03,240 Speaker 1: that the case, first off, is very important, that it 36 00:02:03,320 --> 00:02:07,800 Speaker 1: has significant implications both for this new UH consumer Protection Agency, 37 00:02:08,280 --> 00:02:10,800 Speaker 1: but also for the power of the presidency of the 38 00:02:10,880 --> 00:02:13,640 Speaker 1: United States. UH. And what's more, I think that the 39 00:02:14,000 --> 00:02:16,359 Speaker 1: it's I think it's fair to say that the DC 40 00:02:16,440 --> 00:02:22,280 Speaker 1: Circuit panel opinion was um someone uncharitable to the motives 41 00:02:22,360 --> 00:02:25,360 Speaker 1: and the structure of the CFPB. So I think that, 42 00:02:25,440 --> 00:02:27,600 Speaker 1: you know, look to takeaway is that the the entire 43 00:02:28,040 --> 00:02:30,000 Speaker 1: DC circuit is going to look at the case and 44 00:02:30,280 --> 00:02:33,760 Speaker 1: uh it has implications about whether or not President Trump 45 00:02:33,800 --> 00:02:36,520 Speaker 1: will may be able to is effectively assert his agenda 46 00:02:36,919 --> 00:02:40,160 Speaker 1: uh in in in you know, pursuing de regulatory goals 47 00:02:40,200 --> 00:02:44,560 Speaker 1: for the economy. That's Christopher Peterson, Professor at the University 48 00:02:44,600 --> 00:02:47,600 Speaker 1: of Utah College of Law and dali Ye him Menez, 49 00:02:47,639 --> 00:02:51,359 Speaker 1: Professor at University of Connecticut School of Law, speaking of Bloomberg, 50 00:02:51,440 --> 00:02:53,919 Speaker 1: Laho stun Grosso and Greg Stewart. You can listen to 51 00:02:53,960 --> 00:02:57,400 Speaker 1: Bloomberg Law weekdays at one pm Wall Street Time here 52 00:02:57,560 --> 00:03:00,880 Speaker 1: on Bloomberg Radio, and that is this morning is Bloomberg Lawbrary. 53 00:03:00,880 --> 00:03:03,359 Speaker 1: If you can find more legal news at Bloomberg Law 54 00:03:03,520 --> 00:03:07,600 Speaker 1: dot com and Bloomberg b NA dot com. Attorneys will 55 00:03:07,639 --> 00:03:11,160 Speaker 1: find exceptional legal research and business development tools there as well. 56 00:03:11,639 --> 00:03:14,359 Speaker 1: Visit Bloomberg Law dot com and Bloomberg b and A 57 00:03:14,480 --> 00:03:16,160 Speaker 1: dot com for more information