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
Mar 16, 2026
Builder Sentiment Inches Higher but Affordability Concerns PersistBuilder sentiment inched up in March even as builders continue to express affordability concerns stemming from elevated construction costs and shortages of buildable lots and labor.
Mar 14, 2026
Trump’s Executive Orders on Housing Would Ease Affordability CrisisPresident Trump on March 13 issued two executive orders on housing to remove regulatory barriers and provide better access to mortgage credit that will help ease the nation’s housing affordability crisis.
Latest Economic News
Mar 16, 2026
Builder Sentiment Inches Higher but Affordability Concerns PersistBuilder sentiment inched up in March even as builders continue to express affordability concerns stemming from elevated construction costs and shortages of buildable lots and labor.
Mar 16, 2026
Small Gains for New Single-Family Home SizeNew single-family home size had been falling since 2015 in response to declining affordability conditions. An exception occurred in 2021, when new home size increased as interest rates reached historic lows. However, as mortgage interest rates increased in 2022 and 2023 and affordability worsened, demand shifted back toward smaller homes.
Mar 13, 2026
Flat Conditions for Open Construction JobsThe number of open positions in construction in January was flat year-over-year, per the Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS). The current level of open jobs is down measurably from three years ago due to declines in construction activity, particularly in housing.