Fellow Chad Squitieri’s published What the Court Did Not Decide in Community Financial, and How That Might Prove Dispositive for Future Challenges to the CFPB’s Funding Statute in the Yale Journal on Regulation. This article is a follow-up to his 2023 article The Appropriate Appropriations Inquiry.
Prof. Squitieri writes: “The Court was careful in Community Financial to only answer the narrow Appropriations Clause question presented by the parties. But as the Court flagged, Congress’ authority to enact appropriations statutes is vested by constitutional text located outside of the Appropriations Clause. It is thus the limitations imposed by that other constitutional text, and not the narrow Appropriations Clause holding in Community Financial, that should prove dispositive for future challenges concerning Congress’ ability to enact particular appropriations statutes.”