High court won’t hear challenge to consumer agency actions

WASHINGTON – The Supreme Court won’t hear a challenge to enforcement actions the government’s consumer finance watchdog agency took while its director was serving under an invalid appointment.

The justices on Monday declined to hear an appeal from California attorney Chance Gordon, who said the agency filed an invalid enforcement action against him in 2012. At the time, the bureau was headed by Richard Cordray, who was appointed by President Barack Obama while the Senate was in recess. The appointment was later found to be unauthorized.

Cordray was renominated in 2013 and confirmed by the Senate. He retroactively ratified the actions that took place while his tenure was unauthorized.

Gordon argued that Cordray could did not have the power to retroactively approve the unauthorized enforcement actions against him and others.