The Department of Justice, with the consent of PHH and the CFPB, has filed an unopposed motion with the D.C. Circuit requesting ten minutes of argument time in the oral argument to be held on May 24, 2017 in the rehearing en banc in the PHH case.
The DOJ filed an amicus brief in which it agreed with PHH’s position that the CFPB’s structure is unconstitutional but advocated a more limited remedial measure than PHH is seeking. In contrast to PHH which has argued that the CFPB should be dismantled in its entirety, the DOJ supports keeping the CFPB intact with a director removable at will by the President.
The D.C. Circuit has allocated 30 minutes per side for oral argument. In its motion seeking argument time, the DOJ states that because “our position in this case does not fully align with either party,” it is requesting that “instead of sharing time with either party, we receive a total of ten minutes for the United States.”