Justices Alito, Gorsuch Dissent in Consumer Agency Ruling, Call Funding Mechanism ‘Unprecedented’

Justice Thomas’ majority opinion criticized the dissent.

Supreme Court Justice Samuel Alito clashed with his conservative colleague, Justice Clarence Thomas, in an opinion criticizing the court's decision to uphold the Consumer Financial Protection Bureau's controversial funding mechanism. Erin Schaff/Pool via Reuters

Supreme Court Justice Samuel Alito penned a strongly worded dissent deriding his colleagues’ May 16 decision to uphold a financial regulator’s controversial funding mechanism.

The case—Consumer Financial Protection Bureau (CFPB) v. Community Financial Services Association of America (CFSA)—questioned the constitutionality of CFPB’s ability to determine its level of funding from The Federal Reserve, albeit with limited restrictions. The case is one of several posing major questions this term about the scope of administrative power.