The U.S. Supreme Court has set a briefing schedule in Seila Law, in which the questions before the court are whether the CFPB’s structure is constitutional and, if it is not, whether the court can sever the provision in the Dodd-Frank Act that only allows the President to remove the CFPB Director “for cause.”
Seila Law and the CFPB filed a joint motion to extend the time for filing merits briefs and suggested a briefing schedule that “would enable this case to be heard during the Court’s February 2020 sitting.” The Supreme Court granted the motion and accepted the suggested schedule.
The joint appendix, Seila Law’s brief on the merits, and the CFPB’s brief on the merits must be filed by December 9, 2019. Paul D. Clement, who was appointed amicus curiae by the Supreme Court to defend the Ninth Circuit’s judgment, must file his brief on the merits by January 15, 2020. Court rules allow 30 days for the filing of reply briefs.
Other amicus curiae briefs, on both or either question before the court, must be filed within 7 days after the party supported files its merits brief.
A decision from the Supreme Court is expected by the end of its term in June 2020.