The CFPB has a unique funding mechanism among US regulatory agencies in that it requires no congressional appropriation of funds and its director determines the bureau's budget (Congressional Research Service). The Fifth Circuit ruled that the mechanism violated the Appropriations Clause of the constitution and separation of powers, which the CFPB appealed to the Supreme Court (Fifth Circuit Court of Appeals, SCOTUSblog, Holland & Knight). The Supreme Court is expected to hand down its decision in its 2023 term, but if it does not, the question will close as "No." If the Court decides this case without addressing this question's particular issue of law, the question will close as "No."

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