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"If the Supreme Court follows suit," said one watchdog, "it will mark a major win for everyday consumers impacted by abusive fees, predatory lenders, and corporate greed."
U.S. Sen. Elizabeth Warren, who established the Consumer Financial Protection Bureau in 2010, was among the consumer advocates celebrating on Thursday as a federal court in New York City ruled that the bureau's funding structure is constitutional—rebuking years of right-wing and corporate attacks on the agency.
The Massachusetts Democrat expressed hope that the U.S. Supreme Court, which is expected to hear arguments in a separate but related case later this year, "follows more than a century of law and historical precedent" and also rules in favor of the CFPB, which has regulated debt collectors, payday lenders, credit card companies, and other financial businesses for more than a decade.
"Yet again, the constitutionality of the CFPB has been upheld, as it has been time and time before," said Warren.
The 2nd U.S. Circuit Court of Appeals ruled in favor of the bureau Thursday in a case stemming from a debt collector's attempt to avoid a subpoena from the CFPB in 2017.
A lower court ruled in the case in August 2020 that the bureau's funding structure is constitutional, but the 5th U.S. Circuit Court of Appeals in New Orleans said last year in the case set to be heard by the Supreme Court that the funding violates the Constitution's appropriations clause and the separation of executive and legislative powers.
The CFPB is funded by the Federal Reserve rather than through appropriations voted on annually by lawmakers.
Writing for the three-judge 2nd Circuit panel that voted unanimously in favor of the bureau, Judge Richard Sullivan noted that the justice system "has consistently interpreted the appropriations clause to mean simply that 'the payment of money from the Treasury must be authorized by a statute,'"—which doesn't apply to the CFPB since it receives no funding from the U.S. Treasury Department.
An upcoming ruling by the Supreme Court that supports the 2nd Circuit's finding would "mark a major win for everyday consumers impacted by abusive fees, predatory lenders, and corporate greed," said government watchdog Accountable.US.
"The CFPB is a vital voice for consumers and protects Americans from unfair and abusive practices," said Rep. Nydia Velázquez (D-N.Y.). "We can't allow these protections to be weakened."
Reps. Nydia Velazquez and Alexandria Ocasio-Cortez, two of the four current Puerto Rican members of the U.S. House, were among those who celebrated the passage of the Puerto Rico Status Act on Thursday as lawmakers made history by approving a binding process for a referendum in the territory regarding potential statehood.
The proposal passed with a vote of 233-191, with 16 Republicans joining the Democratic Party in supporting it.
"We did it!" tweeted Velazquez (D-N.Y.).
\u201cThe Puerto Rico Status Act has passed 233-191.\n\nWe did it!\u201d— Rep. Nydia Velazquez (@Rep. Nydia Velazquez) 1671128963
The bill was finalized just hours before the vote, with lawmakers coming to a compromise between three different proposals favored by Puerto Rico's three political parties.
"The Puerto Rican Independence Party favors separating from the United States; the New Progressive Party favors statehood, and the Popular Democratic Party favors remaining a U.S. commonwealth," reportedThe New York Times. "Jenniffer Gonzalez-Colon, the resident commissioner of Puerto Rico and its lone representative in Congress, backed a compromise measure among competing plans."
After the bill passes, Ocasio-Cortez (D-N.Y.) said that "for the first time in our nation's history, the U.S. recognized its role as a colonizing force."
\u201cFor the first time in our nation\u2019s history, the U.S. recognized its role as a colonizing force. The Puerto Rico Status Act lays out a process for the Island to decide its own future. It doesn\u2019t favor statehood, independence, or free association. It allows Puerto Ricans to choose.\u201d— Rep. Alexandria Ocasio-Cortez (@Rep. Alexandria Ocasio-Cortez) 1671126824
In 2021, Ocasio-Cortez and Velazquez introduced the Puerto Rico Self-Determination Act, which called for the creation of a status convention for residents to propose to Congress the status they want for the territory.
The White House supports the Puerto Rico Status Act, but with the majority of Republican lawmakers opposed, it is not expected to pass in the U.S. Senate.
Ocasio-Cortez told the Times that the bill's passage represents "a way point and a steppingstone for the future of our island."
"The gains that are made here are a watershed moment," she said.
Several members of Congress were among the demonstrators arrested outside the U.S. Supreme Court on Tuesday while protesting right-wing justices' recent ruling against the constitutional right to abortion.
"I will do whatever it takes, including putting my body on the line, to protect our reproductive rights."
"Today I was arrested in a civil disobedience action at the Supreme Court to protest Roe v. Wade getting overturned and the assault on reproductive rights across the country," said Rep. Ilhan Omar (D-Minn.) in a statement.
"Our reproductive rights are under assault across the country, thanks to an extremist court with little regard for precedent or our basic rights," she added. "I will do whatever it takes, including putting my body on the line, to protect our reproductive rights."
Analilia Mejia, co-executive director of the Center for Popular Democracy Action, said that "today, the CPDA network and Democratic members of Congress sent a powerful message to Republican lawmakers and SCOTUS: We will not back down."
U.S. Capitol Police confirmed in a tweet Tuesday that officers arrested 35 people, including 17 members of Congress, for "crowding, obstructing, or incommoding."
Others arrested include Reps. Alma Adams (D-N.C.), Cori Bush (D-Mo.), Katherine Clark (D-Mass.), Madeleine Dean (D-Pa.), Veronica Escobar (D-Texas), Sara Jacobs (D-Calif.), Barbara Lee (D-Calif.), Andy Levin (D-Mich.), Carolyn Maloney (D-N.Y.), Alexandria Ocasio-Cortez (D-N.Y.), Ayanna Pressley (D-Mass.), Jan Schakowsky (D-Ill.), Jackie Speier (D-Calif.), Rashida Tlaib (D-Mich.), Nydia Velazquez (D-N.Y.), and Bonnie Watson Coleman (D-N.J.).
"This Supreme Court has been relentless in stripping away our reproductive freedom and bodily autonomy, but we're not backing down," said Pressley. "Today, we put our bodies on the line to defend abortion rights because the stakes in this fight could not be higher."
Pressley noted that "due to the cruelty and callousness of this court, millions of people now face insurmountable barriers to abortion care and the health of our most vulnerable--especially our Black, Brown, low-income, disabled, Indigenous, and LGBTQ+ siblings--is now further at risk."
"I'm grateful to all of the advocates on the frontline of this fight who led us in peaceful protest today and have been leading this movement for generations," she added. "Abortion rights are human rights, and we won't stop fighting until our policies and budgets reflect that fundamental truth."
\u201cToday, I was proud to join my colleagues and take a stand for reproductive rights. Being arrested won't deter us from this fight. We will not stop until we get these #BansOffOurBodies\u201d— Sara Jacobs (@Sara Jacobs) 1658257578
Chants at the demonstration included "shut it down," referring to the high court, and: "What do we want? Freedom! When do we want it? Now!"
Lawmakers and others in the road were warned, "Cease and desist or you will be arrested."
\u201c@RepCori and her colleagues were just arrested standing up for our reproductive freedoms and right to abortion. #bansoffourbodies\u201d— Marina Chafa (@Marina Chafa) 1658252811
\u201c.@RepCori\u2069 and several other Members of Congress protesting the far-right SCOTUS decision to overturn the right to abortion.\u201d— karla (@karla) 1658253158
Bush--who on Monday introduced legislation to boost access to medication abortion--shared a photo of fellow "Squad" members at the demonstration and vowed that "even though they arrested us, we won't stop our organizing, agitating, and legislating for justice."
Some of the participants invoked the words of the late John Lewis. The civil rights leader who became a Democratic congressman and represented Georgia for over three decades famously encouraged getting into "good trouble" when fighting against injustices.
https://twitter.com/NydiaVelazquez/status/1549462283184705539
Referencing anti-choice legislation recently enacted by GOP Texas Gov. Greg Abbott and Republican state legislators, Escobar said:
Protesting injustice in our country is as old as our democracy itself; it is a cornerstone of our history, a principle of our nation, and a faithful mechanism for the will of the people to be heard. That is why, in the face of unprecedented attacks on abortion access and reproductive justice, like the draconian laws and anti-woman agenda we are seeing from the Texas state Legislature, Gov. Abbott, and the Supreme Court, I joined several of my colleagues in front of the highest court in the land to make good trouble.
My arrest today for civil disobedience was a small act in the centuries-long battle to ensure every woman has the freedom to make personal decisions with those they love and trust without politicians trying to control them. We stand on the shoulders of giants whose struggle against injustices everywhere lights the way forward: The fight didn't start here, and it's far from over.
Levin, the only male lawmaker arrested, tweeted that "I'm always down to stir up #GoodTrouble and fight for our rights. We cannot give in to this extremist, right-wing court. I'm angry and ready for ACTION!"
\u201cI\u2019ve never been arrested before but I can hear the late congressman John Lewis imploring me to get in good trouble. We must be willing to speak out for patients who have the right to health care, and the fundamental right to bodily autonomy.\u201d— Jackie Speier (@Jackie Speier) 1658260957
In a recent opinion piece for The Atlanta Journal-Constitution, Rep. Nikema Williams (D-Ga.) noted that July 17 marked the two-year anniversary of Lewis' death. The congresswoman suggested that if her "friend, mentor, and predecessor" were still alive, "he would be moved to act, like he did throughout his entire life," in response to "the Supreme Court's cruel and damaging decision to strip more than half the country of their right to access abortion."
\u201cThis is what #GoodTrouble looks like!\u201d— Congresswoman Nikema Williams (@Congresswoman Nikema Williams) 1658255833
\u201cThe extremist Republicans are determined to take us back in time and take away our rights. They can arrest me, but we won\u2019t allow them to arrest freedom. #AbortionIsHealthcare #BansOffOurBodies\u201d— Katherine Clark (@Katherine Clark) 1658253507
Watson Coleman pointed out that "on Friday, Democrats in the House passed legislation to protect the right to choose."
Although House Democrats approved the Women's Health Protection Act and Ensuring Access to Abortion Act, neither bill is expected to get through the Senate due to the filibuster rule and obstruction by the GOP as well as Sen. Joe Manchin (D-W.Va.).
Maloney highlighted that while overturning Roe was a longtime ambition of Republicans in U.S. politics, they are not likely to stop there.
"The Republican Party and the right-wing extremists behind this decision are not pro-life, but pro-controlling the bodies of women, girls, and any person who can become pregnant," she said. "Their ultimate goal is to institute a national ban on abortion. We will not let them win. We will be back."