Judge saves the CFPB, for now
A court took action on Friday to keep the Trump administration and its Department of Government Efficiency (DOGE) from shutting down a consumer watchdog agency while its court case plays out.
Judge Amy Berman Jackson granted a preliminary injunction to save the Consumer Financial Protection Bureau (CFPB) from being further gutted while she decides whether the Trump administration has the legal authority to dismantle it in the first place. “Absent an injunction freezing the status quo – preserving the agency’s data, its operational capacity, and its workforce – there is a substantial risk that the defendants will complete the destruction of the agency completely in violation of law well before the Court can rule on the merits, and it will be impossible to rebuild,” Jackson writes.
The ruling is a significant win for the federal workers’ union and groups that rely on the CFPB’s work that filed the complaint, alleging that the Trump administration is violating the separation of powers under the Constitution by trying to eliminate an agency established by Congress. They’ve warned that the efforts to wind down the agency have already left many consumers without sufficient recourse for their complaints about financial services. In recent years, the CFPB has increasingly become a check on the technology industry as tech companies grew into the financial services space. (For example, Elon Musk’s X purports to eventually become a payments service.)
But as DOGE got involved at the agency, according to reporting and testimony presented before the judge, the CFPB terminated technologists — who would, obviously, be necessary staff when regulating tech companies — and placed much of its workforce on administrative leave. After CFPB Acting Director Russell Vought told agency staff on February 10th to “stand down from performing any work task,” workers testified they followed that order literally. Allegedly, this surprised the administration, with one official later clarifying that statutorily mandated work should still get done.
The judge says she was “left with little confidence that the defense can be trusted to tell the truth about anything,” saying that the government’s arguments that CFPB workers were back to work have “been shown to be unreliable and inconsistent with the agency’s own contemporaneous records.” She also condemned an “eleventh hour attempt to suggest immediately before the hearing that the stop work order was not really a stop work order at all.”
Jackson opens her opinion with quotes from Musk (the public face of DOGE), Vought, and President Donald Trump about their alleged intentions to eliminate the agency. For instance, Musk tweeted “CFPB RIP” on February 7th. “The CFPB has been a woke and weaponized agency against disfavored industries and individuals for a long time. This must end,” Vought said the following day. A couple days later, Trump added, “That was a very important thing to get rid of.”
Essentially, the CFPB can — for now — get back to work
Jackson came to the conclusion that unless she takes action, “the RIF [reduction-in-force] notices that have already been prepared will go out before the ink is dry on the Court’s signature, the employees will be back on administrative leave for just thirty days before they are gone, and the defendants will pull the plug on the CFPB.” While this isn’t a final ruling, as part of issuing the injunction, Jackson says the workers’ union is likely to ultimately succeed in court on its claims.
The judge orders the Trump administration to reinstate all probationary and term employees terminated since February 10th, carry out no further terminations without cause or issue any RIF notice, lift the administrative leave requirements and stop-work order, and let employees either return to an office or work remotely. She also requires that the government maintain CFPB data and records, and rescind contract termination notices sent since February 11th. Essentially, the CFPB can — for now — get back to work.
Workers are cautiously celebrating. “While we are thrilled and relieved at today’s outcome, union members are under no illusion that this is the end of Trump’s lawless attacks,” CFPB Union President Cat Farman says in a statement. “Vought has already violated previous court orders by deleting data and failing to reinstate illegally fired workers. We can’t rely on judges alone to keep wannabe dictators in check. We need everyone to join the fight to save our services, unionize our workplaces, and create more good middle class jobs doing vital work that benefits working people instead of billionaires and Wall Street.”