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Brennan Linsley / AP

The D.C. Court of Appeals decided today it will hear the Consumer Financial Protection Bureau's appeal en banc in May, per the ABA. Today's ruling vacated the divided three-judge court ruling from October 2016 in PHH Mortgage v. Consumer Financial Protection Bureau that the structure was unconstitutional.

The ruling made it so the president could remove the CFPB director at will: at any time and for any reason, which stripped the bureau of its independence.

Why this matters: Now Trump will be unable to remove CFPB director Richard Cordray before his term is up, allowing him to finish up the rest of his term through 2018. It is possible that Trump could remove the director for cause, but an expert on constitutional law and appellate procedure told Axios this is "unlikely to happen" since "there's not precedent on that."

What to expect: The legal expert also said it would be surprising if there was a decision by the end of the year and to expect a decision either early on next year or mid next year. In the meantime, the CFPB will operate as usual.

One caveat: If Congress amends the Dodd-Frank Act, it could render the case moot.

Go deeper

Off the Rails

Episode 7: Trump turns on Pence

Photo illustration: Eniola Odetunde/Axios. Photos: Elijah Nouvelage, Alex Wong/Getty Images

Beginning on election night 2020 and continuing through his final days in office, Donald Trump unraveled and dragged America with him, to the point that his followers sacked the U.S. Capitol with two weeks left in his term. Axios takes you inside the collapse of a president with a special series.

Episode 7: Trump turns on Pence. Trump believes the vice president can solve all his problems by simply refusing to certify the Electoral College results. It's a simple test of loyalty: Trump or the U.S. Constitution.

"The end is coming, Donald."

The male voice in the TV ad boomed through the White House residence during "Fox & Friends" commercial breaks. Over and over and over. "The end is coming, Donald. ... On Jan. 6, Mike Pence will put the nail in your political coffin."

Big Tech's post-riot reckoning

Photo illustration: Sarah Grillo/Axios. Photo: Tasos Katopodis/Getty Images

The Capitol insurrection means the anti-tech talk in Washington is more likely to lead to action, since it's ever clearer that the attack was planned, at least in part, on social media.

Why it matters: The big platforms may have hoped they'd move to D.C.'s back burner, with the Hill focused on the Biden agenda and the pandemic out of control. But now, there'll be no escaping harsh scrutiny.

30 mins ago - Technology

Why domestic terrorists are so hard to police online

Illustration: Eniola Odetunde/Axios

Domestic terrorism has proven to be more difficult for Big Tech companies to police online than foreign terrorism.

The big picture: That's largely because the politics are harder. There's more unity around the need to go after foreign extremists than domestic ones — and less danger of overreaching and provoking a backlash.