In Consumer Financial Protection Bureau v. Law Offices of Crystal Moroney, 63 F.4th 174 (2d Cir. 2023), the U.S. Court of Appeals for the Second Circuit considered whether the Consumer Financial Protection Bureau (CFPB)'s funding structure was proper under both the appropriations clause and the nondelegation doctrine. In an unanimous opinion authored by Circuit Judge Richard Sullivan and joined by Circuit Judges Amalya Kearse and John Walker, the court determined the CFPB's funding structure was not constitutionally deficient under either doctrine. In reaching this holding, the Second Circuit expressly declined to follow the Fifth Circuit's recent opinion in Community Financial Services Association of America v. Consumer Financial Protection Bureau, which held that the CFPB's funding apparatus could not be reconciled with the appropriations clause. The Second Circuit's decision thus creates a circuit split as to the constitutionality of the CFPB's funding structure.