Supreme Court Opinion Allows CFPB to Keep Operating; President Can Remove the Director
In a ruling that will avoid disruptions to the nation’s mortgage and lending markets, the Supreme Court ruled today that the Consumer Financial Protection Bureau (CFPB) can continue operating but the president has the authority to remove the director “at will.”
In a decision written by Chief Justice John Roberts, the court held that the CFPB’s structure – which includes a single director that can only be removed for cause by the president – is unconstitutional. However, the court also held that the remedy to this constitutional issue is to sever the for-cause provision from the statute. Thus, the CFPB remains intact and the director can be removed at will by the president.
The ruling stated: “…[T]here are compelling reasons not to extend [prior] precedents to the novel context of an independent agency led by a single Director. Such an agency lacks a foundation in historical practice and clashes with constitutional structure by concentrating power in a unilateral actor insulated from Presidential control. We therefore hold that the structure of the CFPB violates the separation of powers. We go on to hold that the CFPB Director’s removal protection is severable from the other statutory provisions bearing on the CFPB’s authority. The agency may therefore continue to operate, but its Director, in light of our decision, must be removable by the President at will.”
NAHB joined an amicus brief with the Mortgage Bankers Association and National Association of Realtors that contended if the Supreme Court found CFPB’s structure unconstitutional, it should sever the “for-cause” provision in order to avoid massive disruption in the mortgage and lending markets that would result if CFPB were disbanded.
The Supreme Court’s ruling today prevents this disruption by preserving the agency while addressing the unconstitutional provision.
A very similar case was brought against the Federal Housing Finance Agency (FHFA) in the Fifth Circuit. Last year, that court held, in an en banc (a case heard before all the judges) opinion, that the FHFA structure was likewise unconstitutional and could be remedied similarly by severing the for-cause provision from the statute. Both parties in this case (Collins v. Mnuchin) sought the Supreme Court’s review, and those petitions are still pending.
For more information, email [email protected].
Latest from NAHBNow
Apr 03, 2026
NAHB’s Monthly Update Features a Codes Victory and Economic SnapshotThe talking points this month feature news related to federal energy code mandates and the current economic conditions for the housing industry.
Apr 02, 2026
Call Before You Dig: 6 Key Steps to Prevent Utility Strikes on the JobsiteApril’s National Safe Digging Month is a timely reminder for builders, contractors and trade partners to prioritize one of the most critical and often overlooked jobsite safety practices: preventing utility strikes.
Latest Economic News
Apr 03, 2026
Job Growth Rebounds in MarchThe U.S. labor market showed signs of a modest rebound in March following a weak February, as payroll employment increased and the unemployment rate edged down to 4.3%. Job growth was led by healthcare, construction, and transportation and warehousing.
Apr 02, 2026
Iran Conflict Reverses Decline in Mortgage RatesMortgage rates, which dipped below 6% in February, climbed back up to end the month just under 6.4%. According to Freddie Mac, the 30-year fixed-rate mortgage averaged 6.18% in March, 13 points (bps) higher than February. The average 15-year rate also increased by the same amount to 5.56%. Despite the recent increase, both rates remain lower than a year ago by 47 bps and 27 bps, respectively.
Apr 01, 2026
Consumer Confidence Climbs Despite Oil Price SurgeConsumer confidence in March rose to a three-month high as consumers’ improved view of current business and labor market conditions outweighed weaker future expectations.