The U.S. Supreme Court entered an order last Friday that divides and enlarges the time for oral argument in Seila Law, which is scheduled for March 3.
Seila Law filed a motion asking the Supreme Court to increase the total time for oral argument from 60 to 70 minutes and the House of Representatives, which filed an amicus brief in support of the Ninth Circuit’s judgment, filed a motion asking to participate in the oral argument.
The Supreme Court’s order increases the total time for oral argument from 60 to 70 minutes and divides the time as follows: “20 minutes for the petitioner, 20 minutes for the Solicitor General, 20 minutes for the Court-appointed amicus curiae, and 10 minutes for the United States House of Representatives.”
Seila Law and the DOJ also filed briefs replying to Mr. Clement’s brief. In his brief, Mr. Clement argued as an initial matter that the Court should conclude that the dispute over the Bureau’s constitutionality does not satisfy Article III jurisdiction requirements because Seila Law has not suffered an injury that is traceable to the constitutionality question. He also argued that the dispute does not satisfy prudential considerations of ripeness. Mr. Clement argued in the alternative that if the Supreme Court does reach the constitutionality question, it should hold that the Dodd-Frank Act’s “for cause” removal provision is constitutional.
In addition to renewing their arguments that the Bureau’s structure is unconstitutional, both Seila Law and the DOJ argue that the constitutionality question is properly before the Supreme Court and urge the Court to decide the question.