A three-judge panel of the U.S. Court of Appeals for the Second Circuit has unanimously ruled that the CFPB’s funding structure does not violate the Appropriations Clause of the U.S. Constitution. In its decision, the panel expressly declined to follow the Fifth Circuit panel decision in Community Financial Services Association of America Ltd.… Continue Reading
appropriations
SCOTUS extends briefing schedule in case challenging constitutionality of CFPB’s funding
By Michael Gordon & Alan S. Kaplinsky on
Posted in CFPB, Litigation and Court Decisions
Having granted the certiorari petition filed by the CFPB seeking review of the Fifth Circuit panel decision in Community Financial Services Association of America Ltd. v. CFPB, the U.S. Supreme Court has granted the parties’ joint request to extend the time to file the briefs on the merits. The Fifth Circuit panel held the CFPB’s funding mechanism violates the Appropriations Clause of the U.S.… Continue Reading
SCOTUS agrees to decide whether CFPB’s funding is unconstitutional but will not hear case until next Term
The U.S. Supreme Court has granted the certiorari petition filed by the CFPB seeking review of the Fifth Circuit panel decision in Community Financial Services Association of America Ltd. v. CFPB. In that decision, the Fifth Circuit panel held the CFPB’s funding mechanism violates the Appropriations Clause of the U.S.… Continue Reading
No ruling yet from SCOTUS on CFPB petition for certiorari seeking review of Fifth Circuit ruling that CFPB’s funding is unconstitutional
By Barbara S. Mishkin on
Posted in CFPB, Litigation and Court Decisions
The order list issued this morning by the U.S. Supreme Court did not include a ruling on the certiorari petition filed by the CFPB seeking review of the Fifth Circuit panel decision in Community Financial Services Association of America Ltd. v. CFPB. In that decision, the Fifth Circuit panel held the CFPB’s funding mechanism violates the Appropriations Clause of the U.S.… Continue Reading
Briefing on CFPB certiorari petition seeking review of Fifth Circuit ruling that CFPB’s funding is unconstitutional and CFSA cross-petition for certiorari distributed to Supreme Court for consideration at February 17 conference
Posted in CFPB, Litigation and Court Decisions
The briefing on the CFPB’s certiorari petition seeking review of the Fifth Circuit panel decision in Community Financial Services Association of America Ltd. v. CFPB was distributed to the Supreme Court yesterday for consideration at its February 17 conference. In that decision, the Fifth Circuit panel held the CFPB’s funding mechanism violates the Appropriations Clause of the U.S.… Continue Reading
CFPB files opposition to CFSA cross-petition for certiorari; payment processor trade group files amicus brief in support of cross-petition
Posted in CFPB, Litigation and Court Decisions
The CFPB has filed its brief in opposition to the cross-petition for certiorari filed by Community Financial Services Association (CFSA). The CFPB’s certiorari petition seeks review of the Fifth Circuit panel decision in Community Financial Services Association of America Ltd. v. CFPB. In that decision, the panel held the CFPB’s funding mechanism violates the Appropriations Clause of the U.S.… Continue Reading
This week’s podcast episode: How the U.S. Supreme Court will decide the threat to the CFPB’s funding and structure: Part II, with Adam J. White, a renowned expert on Separation of Powers and the Appropriations Clause and a close follower of the Supreme Court
By Barbara S. Mishkin on
The eyes of the consumer finance world are now on the Supreme Court as it decides whether to grant the CFPB’s certiorari petition in Consumer Financial Services Association Ltd. v. CFPB. In the decision, a Fifth Circuit panel held the CFPB’s funding mechanism violates the Appropriations Clause of the U.S.… Continue Reading
This week’s podcast episode: How the U.S. Supreme Court will decide the threat to the CFPB’s funding and structure: Part I, with Adam J. White, a renowned expert on Separation of Powers and the Appropriations Clause and a close follower of the Supreme Court
By Barbara S. Mishkin on
The eyes of the consumer finance world are now on the Supreme Court as it decides whether to grant the CFPB’s certiorari petition in Consumer Financial Services Association Ltd. v. CFPB. In the decision, a Fifth Circuit panel held the CFPB’s funding mechanism violates the Appropriations Clause of the U.S.… Continue Reading
CFSA files opposition to CFPB’s certiorari petition seeking review of Fifth Circuit ruling that CFPB’s funding is unconstitutional and also files cross-petition for certiorari
Posted in CFPB, Litigation and Court Decisions
Community Financial Services Association (CFSA) has filed its brief in opposition to the CFPB’s certiorari petition seeking review of the Fifth Circuit panel decision in Community Financial Services Association of America Ltd. v. CFPB. In that decision, the panel held the CFPB’s funding mechanism violates the Appropriations Clause of the U.S.… Continue Reading
State AGs file amicus briefs urging Supreme Court to grant CFPB’s petition for certiorari seeking review of Fifth Circuit ruling that CFPB’s funding is unconstitutional
By Alan S. Kaplinsky on
Posted in CFPB, Litigation and Court Decisions
Two groups of state attorneys general have filed amicus briefs in the U.S. Supreme Court urging the Court to grant the CFPB’s certiorari petition seeking review of the Fifth Circuit panel decision in Community Financial Services Association of America Ltd. v. CFPB. In that decision, the panel held the CFPB’s funding mechanism violates the Appropriations Clause of the U.S.… Continue Reading