Though its structure was found to be unconstitutional, the Consumer Financial Protection Bureau is arguing old decisions can be fixed through the process of ratification as its case against the nation’s largest student loan servicer heads toward trial.

The agency’s authority came into question when the U.S. Supreme Court ruled this year that its director position was designed in a way that kept it from being accountable to anyone – including the President – because the director couldn’t be fired without cause.

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