Although the Seila Law docket indicated that the briefs on Seila Law’s petition for certiorari were distributed for the U.S. Supreme Court’s October 11 conference, no order on the petition was among the orders issued by the Court yesterday.
Seila Law’s petition seeks review of the Ninth Circuit’s decision that held the CFPB’s structure is constitutional. Soon before the October 11 conference, All American Check Cashing filed a Petition for a Writ of Certiorari Before Judgment with the Supreme Court asking the Supreme Court to rule on its interlocutory appeal from the district court’s ruling upholding the CFPB’s constitutionality rather than wait for a decision from the Fifth Circuit panel. Also soon before the conference, the plaintiffs in Collins v. Mnuchin filed a petition for a writ of certiorari seeking review of the en banc Fifth Circuit’s decision that held the FHFA’s structure is unconstitutional.
In each of these petitions, the petitioners argue that their case is a better vehicle than Seila Law to decide the constitutional question presented in Seila Law. Accordingly, it is possible that the Supreme Court did not vote on the Seila Law petition at its October 11 conference in order to allow briefing to be completed on the two other petitions. It is currently uncertain when SCOTUS will act on any of the petitions.