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Kansas, Missouri Attorneys General Join Lawsuit Against CFPB

      Derek Schmidt       Josh Hawley

Kansas Attorney General Derek Schmidt and Missouri Attorney General Josh Hawley joined 13 other state attorneys general to file a brief with the U.S. Court of Appeals. The brief challenges the constitutionality of the Consumer Financial Protection Bureau's (CFPB) structure. The attorneys general argue that the statute shielding the CFPB director from removal by the U.S. President violates the Constitution’s separation of powers. It explains that the states have a direct interest in ensuring that the CFPB governance structure is accountable to elected officials.

"All of that is a recipe for a runaway federal agency that seems accountable to nobody," said Schmidt. "We think that the problem is not just a policy problem. We think it's a Constitutional problem - that essentially Congress has attempted to delegate a portion of the executive authority of the President of the United States to this unaccountable agency head created by statute. We think the Constitution doesn't allow that."

“The CFPB’s out-of-control regulations have been hurting Missourians for years,” said Hawley. “Reforming this blatant violation of the separation of powers is essential to preserving the Constitution’s model of accountable, democratic government.”