Today's Brew summarizes the latest campaign finance reports in the
presidential race + looks at a case challenging the constitutionality
of the CFPB structure
Today's Brew summarizes the latest campaign finance reports in the
presidential race + looks at a case challenging the constitutionality
of the CFPB structure
 
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Welcome to the Wednesday, Oct. 23, Brew. Here’s what’s in store
for you as you start your day:
* Steyer leads presidential candidates in third-quarter fundraising
and spending; Trump continues to lead for cycle
* SCOTUS to determine constitutionality of CFPB structure
* Join us for our Oct. 29 briefing on vulnerable trifectas in 2019
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Steyer leads presidential candidates in third-quarter fundraising and
spending, Trump continues to lead for cycle
Businessman Tom Steyer (D) led all presidential candidates in
fundraising for the third quarter of 2019, according to financial
reports filed with the Federal Elections Commission Oct. 15. Steyer
raised $49.6 million during the quarter, including $47.6 million in
self-funding. He spent $47.0 million overall, including $34.1 million
on television, digital, and direct mail ads. He was followed in
fundraising by President Trump (R), who raised $41.0 million, and in
spending by Bernie Sanders (I), who spent $21.6 million. Sanders
announced his first ad buy, totaling $1.3 million, on October 1.
Since the beginning of 2017, President Trump has raised $165
million—nearly twice the $92.5 million President Obama (D) had
raised at this point in his 2012 re-election campaign. According to
Republican National Committee (RNC) campaign finance reports, Trump
and the RNC have raised a combined $659 million. At this point in the
2012 campaign cycle, Obama and the Democratic National Committee (DNC)
had raised a combined $402 million. At this point in the 2016
campaign, Trump had raised $5.8 million.
Trump had the most cash on hand of any candidate with $83.2 million.
Sanders followed with $33.8 million. Two other candidates had more
than $20 million on hand: Elizabeth Warren (D) with $25.7 million and
Pete Buttigieg (D) with $23.4 million.
The 19 noteworthy Democratic candidates have collectively raised $437
million this cycle to President Trump's $165 million and reported $130
million cash on hand to Trump's $83.2 million.
Learn more
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Register today→
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SCOTUS to determine constitutionality of CFPB structure
On Oct. 18, the U.S. Supreme Court agreed to hear _Seila Law v.
Consumer Financial Protection Bureau (CFPB)_, a case challenging the
constitutionality of the bureau's structure.
The CFPB is an independent agency created by the Dodd-Frank Act in
2010. Unlike other independent agencies of the federal government,
which are generally headed by multi-member commissions, the CFPB is
led by a single director who is only removable by the president for
cause. The Supreme Court upheld cause removal protections for the
multi-member commissions of independent agencies in the 1935 case
_Humphrey’s Executor v. United States
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but the ruling did not apply to single agency heads. 
Seila Law, a national law firm, challenged the constitutionality of
the bureau’s structure because the CFPB’s single director is only
removable for cause. The firm contended that the director’s cause
removal protections unconstitutionally prevent the president from
unilaterally firing the agency’s head. The firm said in its
petition, “the importance of the [separation of powers] question
presented [by this case] cannot be overstated.”
On May 6, the 9th Circuit Court of Appeals ruled the bureau’s
structure was constitutional, concluding that the for-cause removal
protections are similar to those of the Federal Trade Commission
(upheld in _Humphrey’s Executor v. United States
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In a brief filed with the court on Sept. 17, Solicitor General Noel
Francisco on behalf of the CFPB agreed with Seila Law, claiming that
the bureau’s structure violates the separation of powers doctrine
because it prevents the president from unilaterally firing the
agency’s single director.
This case is not the first time that the constitutionality of the
CFPB’s structure has been challenged. In October 2016, a three-judge
panel of the United States Court of Appeals for the District of
Columbia Circuit ruled 2-1 that the organizational structure of the
CFPB was unconstitutional. The full D.C. Circuit—with then-Judge
Brett Kavanaugh dissenting—went on to uphold the bureau’s
constitutionality in January 2018. In June 2018, Judge Loretta Preska
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of the United States District Court for the Southern District of New
York also found the structure of the CFPB to be unconstitutional.
Judge Preska’s ruling is pending appeal before the United States
Court of Appeals for the 2nd Circuit.
Learn more→
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Join us for our October 29 briefing on vulnerable trifectas in 2019
Trifecta control of the governorship and both legislative chambers in
a state gives a political party the opportunity to advance its agenda.
Five states are holding gubernatorial or state legislative elections
in November that could cause changes in party control. Three of those
states are currently under trifecta control Kentucky, Mississippi, and
New Jersey. Louisiana and Virginia are under divided government. They
could remain under divided government or become new trifectas. 
If this sounds interesting, register today for our free briefing to
get an in-depth look at these upcoming elections and an overview of
what's at stake in each state. Ballotpedia staff writers David Luchs
and Joel Williams will walk you through what you need to know —
whether you’re a voter in one of these states, or simply want to be
informed.
It’ll be worth your time — click the link below to register and
join us.
Register today→
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